Madras High CourtWP/11449/2023dismissed

M.Ponnaiyan v. The Local Planning Authority

2023-04-17Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Ponnaiyan .. Petitioner Vs 1.The Local Planning Authority, Coimbatore Corporation, Coimbatore - 641 001.

2.The Deputy Director, Coimbatore, Nilgiris Region, Dr. Nanjappa Road, Coimbatore - 651 018.

3.The Joint Director, Dr. Nanjappa Road, Coimbatore - 651 018.

4.The Director, 2nd, 3rd & 4th Floor, C&E Market Road, Koyambedu, Chennai-600 107.

5.The Block Development Officer (Village Panchayat), Karamadai Panchayat Union, Karamadai, Coimbatore District.

6.The President, Chikkadasapalayam Panchayat, Mettupalayam - 641 301.

7.The Tahsildar, Mettupalayam Taluk, Mettupalayam - 641 301, Coimbatore District.

8.The District Collector, Collectorate, State Bank Road, Coimbatore - 641 018.

9.The Mettypalayam Tamil Sangam, 5/404, Cheran Nagar, Opp. to CTC, Mettupalayam - 641 301.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the unlawful encroachments made by the private Association namely Mettupalayam Tamil Sangam herein the 9th respondent, in the reserved land earmarked for public purpose at Teachers Colony, Mettupalayam, by considering the representation dated 23.1.2023.

For the Petitioner : Mr.Pa.Saigovindaraja For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader for respondents 1 to 4 : Mr.P.Muthukumar State Government Pleader for fifth respondent

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) M.Ponnaiyan, son of Muthusamy, a resident of Door No.5/414A, Teachers Colony, Opp. CTC, Mettupalayam, has filed by this writ petition seeking removal of encroachment made by respondent No.9 in the reserved land earmarked for public purpose in Teachers Colony, Mettupalayam.

2. We have gone through the bald affidavit filed in support of the writ petition running into five pages. Nowhere in the affidavit the petitioner has mentioned the survey number in which

respondent No.9 has made an encroachment and also the extent of encroachment. The affidavit is vague and bereft of necessary particulars. This Court is unable to accept the prayer as it has not been substantiated with any materials on record. Moreover, no revenue record has been produced to justify the claim made by the petitioner.

3. For the reasons aforesaid, the writ petition is dismissed. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 17.04.2023 Index :

Yes/No Yes/No bbr

To:

1.The Local Planning Authority, Coimbatore Corporation, Coimbatore - 641 001. 2.The Deputy Director, Coimbatore, Nilgiris Region, Dr. Nanjappa Road, Coimbatore - 651 018.