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Madras High CourtWP/7801/2024disposed of

R.Kanniyappan v. The District Monitoring Committee

2024-03-25Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.KANNIYAPPAN .. Petitioner Vs

1. THE DISTRICT MONITORING COMMITTEE BY CHAIR PERSON DISTRICT COLLECTOR KANCHIPURAM DISTRICT.

2. THE THASILDHAR KUNDRATHUR, KANCHEEPURAM DISTRICT - 600 069.

3. THE SUB REGISTRAR KUNDRATHUR, KANCHEEPURAM DISTRICT - 600 069.

4. THE INSPECTOR OF POLICE(CRIME) T-13 MANGADU POLICE STATION AVADI POLICE COMMISNARATE KANCHEEPURAM DISTRICT - 600 069.

5. N. KANNAN .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd respondent to consider and pass orders on the representation dated 12.10.2023

sent to the 2nd respondent, to take action against the 5th respondent to remove the encroachment made in the water body canal at Survey No.164, Chikrayapuram Village, Kundrathur Taluk, Kanchipuram District and restore the said unauthorized road as water body canal. For the Petitioner : Mr.P.Gunaraj For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 3 : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.Sylvester John for 4th respondent

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.P.Gunaraj, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 3; and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the fourth respondent.

2. The petitioner alleges encroachment on a canal situated at Survey No.164, Chikrayapuram Village, Kundrathur Taluk,

Kanchipuram District.

3. The petitioner may approach the Committee constituted under the Government Order, bearing G.O.Ms.No.64, dated 08.02.2022. If such application is filed by the petitioner, the Committee may consider the said application on its own merits and in accordance with law, after observing the principles of natural justice, and take necessary action within a period of eight months from the date of receipt of the application.

The writ petition is disposed of accordingly. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 25.03.2024 Index :

Yes/No Yes/No sasi

To

1. THE CHAIR PERSON DISTRICT MONITORING COMMITTEE DISTRICT COLLECTOR KANCHIPURAM DISTRICT.

2. THE THASILDHAR KUNDRATHUR, KANCHEEPURAM DISTRICT - 600 069.

3. THE SUB REGISTRAR KUNDRATHUR, KANCHEEPURAM DISTRICT - 600 069.

4. THE INSPECTOR OF POLICE(CRIME) T-13 MANGADU POLICE STATION AVADI POLICE COMMISNARATE KANCHEEPURAM DISTRICT - 600 069.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 25.03.2024