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Madras High CourtWP/10905/2023disposed of

S.Subhashini v. The District Collector

2024-02-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Subhashini .. Petitioner -vs1. The District Collector, Chengalpattu, Chengalpattu District.

2. The Thasildar, Tambaram Taluk, Tambaram, Chengalpattu District.

3. The Executive Engineer, Public Works Department, Tambaram West, Tambaram, Chennai.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to consider the representations of the petitioner dated 19.01.2021, 20.02.2023 and 20.03.2023 which have been given to remove the encroachment from Plot No.11, to an extent of 1507 1⁄2 square feet, comprised in Survey No.398/1 in Patta No.7908 in the layout name called "ROYAL AVENUE" approved by CMDA, P.P.D.L.O.No.334/2007, vide letter No.L1/9787/07 dated 18.05.07, situated in Old No.167, New No.28, Perungalathur Village, Tambaram Taluk, Kancheepuram District (Now Chengalpattu District), within time frame that may be fixed by this Court.

For the Petitioner :

Mr.M.Aloysius Raja Pragash For the Respondents :

Mr.T.K.Saravanan Government Advocate.

* * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Aloysius Raja Pragash, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondents.

2. The learned Government Advocate submits that the subject land was surveyed by the Firka Surveyor and a report was submitted. The writ petitioner has been called for an enquiry on 22.02.2024 to appear with original documents available with her and also to conduct enquiry on her representation.

3. The petitioner may appear on 22.02.2024 before the authority concerned. The authority may consider the documents and the representation filed by the petitioner and then take appropriate

decision. Depending upon the decision taken by the authority, the parties are at liberty to take further steps. With this observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 09.02.2024 Index : Yes/No : Yes/No sra To

1. The District Collector, Chengalpattu, Chengalpattu District.

2. The Thasildar, Tambaram Taluk, Tambaram, Chengalpattu District.

3. The Executive Engineer, Public Works Department, Tambaram West, Tambaram, Chennai.

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

(sra) 09.02.2024