Shaik Mohamed v. The President
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 2/7/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.19279 of 2015 Shaik Mohamed ...
Petitioner Vs
1. The President Shoolagiri Village Panchayat Shoolagiri Village Hosur Taluk Krishnagiri District.
2. The Block Development Officer Panchayat Union Office Shoolagiri Hosur Taluk Krishnagiri District.
3. The Assistant Engineer (O & M) Shoolagiri Town Tamil Nadu Generation & Distribution Corporation Ltd Shoolagiri Hosur Taluk Krishnagiri District.
4. The Executive Engineer (O & M) Tamil Nadu Generation & Distribution Corporation Ltd Shoolagiri Hosur Taluk Krishnagiri District.
5. Tmt.B. Shanu
6. The Sub-Registrar Shoolagiri Hosur Taluk Krishnagiri District.
7. Manickam
8. Raja
9. Zamir ...
Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to forbear the respondents 1 to 4 herein from allowing any construction to be put up by the respondents 5, 7, 8 and 9 and granting electricity service connection to any construction put up on Survey No.76/2 Shoolagiri Village, Hosur Taluk, Krishnagiri.
For petitioner : Mr.M.V.Krishnan For respondents : Mr.N.Srinivasan, AGP for R.R.1 and 2.
O R D E R
(Order of the Court was made by SATISH K. AGNIHOTRI,J.,) Mr.N.Srinivasan, learned Additional Government Pleader accepts notice for the respondents 1 and 2. With the consent of the learned counsel for the parties, the matter is taken up for final disposal, at the admission stage itself.
2. The petitioner is stated to be the owner of a neighbouring land to an extent of 43 cents in Survey No.76/2 Shoolagiri Village, Hosur Taluk, Krishnagiri District. According to him, the respondents 5 to 9 are putting up unauthorised and illegal construction on the said survey number. Thus, a representation was made to the first respondent, on 27/6/2014, to look into the illegal and unauthorised construction and take consequential action.
3. Mr.N.Srinivasan, learned Additional Government Pleader appearing for the respondents 1 and 2 submit that the afore-stated representation of the petitioner shall be examined and necessary consequential action shall be taken in accordance with law on its own merit, after affording opportunity of hearing to the alleged encroacher or violators of the rules and regulations.
4. In view of the foregoing, the first and second respondents are accordingly directed to look into the afore-stated representation and take necessary steps, as required under the provisions of law on its own merit, after affording opportunity of hearing to the respondents 5 to 9. Such an exercise shall be completed within a period of six weeks from the date of receipt of the copy of this order.
5. This writ petition stands disposed of accordingly. No costs. Connected M.P.Nos.1 and 2 of 2015 are closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar mvs.
To
1. The President Shoolagiri Village Panchayat Shoolagiri Village Hosur Taluk Krishnagiri District.
2. The Block Development Officer Panchayat Union Office Shoolagiri Hosur Taluk Krishnagiri District.
3. The Assistant Engineer (O & M) Shoolagiri Town Tamil Nadu Generation & Distribution Corporation Ltd Shoolagiri Hosur Taluk Krishnagiri District.
4. The Executive Engineer (O & M) Tamil Nadu Generation & Distribution Corporation Ltd Shoolagiri Hosur Taluk Krishnagiri District.
1 cc to Mr. N.Srinivasan, Advocate Sr.No.32747 1 cc to Mr. M.V.Krishnan, Advocate Sr.No.32770 W.P.No.19279 of 2015 kk(co) pmk.10.7.2015