The Superintending Engineer v. V. Ethiraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M. VENUGOPAL Rev.Appl. No. 116 of 2015 ..........

N. Krishnamurthy .. Petitioner vs.

1. Pappayammal

2. Selvarathinam

3. The District Collector, Erode District, Erod.

4. The Tahsildar, Erode.

5. The Commissioner, Panchayat Union, Erode.

6. The President, Kathirampatti Village Panchayat, Kathirampatti, Erode District.

.. Respondents Review petition filed under Order 47 Rule 1 read with 114 of

C.P.C. to review the order made in W.P.No. 10572 of 2010 dated 13.04.2015.

For petitioner : Mr. K.K. Mani for Mr. S. Saravanan For respondents : Mr.P.S.Sivashanmugasundaram Spl. Govt. Pleader -R3 to R6 - - - - -

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This review petition is filed to review the order dated 13.04.2015 made in W.P.No. 10572 of 2010.

The petitioner, who was the 5th respondent in the writ petition, has come up with this review petition on the ground that the aforestated order has been passed on mis-representation of facts. In fact, there is no cart track in R.S.No. 147/3.

Mr.

P.S.Sivashanmugasundaram, learned Special Government Pleader appears for the respondents 3 to 6 and submits that all the issues raised by the petitioner in his representation, including the issue of nature of land, will be considered. While disposing of the writ petition, we have directed the official respondents, in clear terms, to afford an opportunity of hearing to all the alleged encroachers, including the respondents 5 to 9. As such, at this stage, we are not inclined to modify the order, except holding that if any objection in respect of the land is raised before the authorities, they shall consider the same also, before taking the final decision.

This review petition is disposed of accordingly. No costs. (S.K.A.J.) (M.V.J.) ra 14th August, 2015 Index: Yes/No

SATISH K. AGNIHOTRI, J.

and M. VENUGOPAL, J.

ra To

1. The Secretary to Government of Tamilnadu, Housing and Urban Development, Secretariat, Chennai 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority Chennai 600 008.

3. The Commissioner Corporation of Chennai, EVR Salai, Ripon Buildings, Chennai 600 003.

4. The Executive Engineer, (Zone-V) Corporation of Chennai, Choolaimedu, Chennai 600 094.

Rev.Apl. No. 116 of 2015 14th August, 2015