Madras High CourtWP/20013/2015disposed of

N.Sathish Kumar v. The District Collector

2017-01-30Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.20013 to 20020 of 2015 and M.P.Nos.1 and 2 of 2015 N.Sathish Kumar ... Petitioner in WP.20013/2015 M.Rajasekaran ... Petitioner in WP.20014/2015 M.Anupriya ... Petitioner in WP.20015/2015 V.Lakshmi Narayanan ... Petitioner in WP.20016/2015 B.Yeshwanth Kumar ... Petitioner in WP.20017/2015 S.Harikrishnan ... Petitioner in WP.20018/2015 N.Suresh ... Petitioner in WP.20019/2015 D.Deebha ... Petitioner in WP.20020/2015 Vs

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Tambaram, Chennai-600 045.

3. The Tahsildar, Tambaram Taluk, Sholinganallur,

4. St. Thomas Mount Panchayat Union, rep. by its Commissioner, Chitlapakkam,

5. The President, Kovilambakkam Panchayat, Kovilambakkam,

6. Lakshmi

7. V.Chakarapani ... Respondents in all WPs These Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to forthwith remove the encroachments made by the 6th and 7th respondents on the "Bhavani Street" on the eastern side of the petitioners' Flats situated at Dev Apartments, Ponniamman Colony, S.Kolathur, Chennai-600 129.

For Petitioners :

Mr.AR.L.Sundaresan Senior Counsel for M/s.AL.Ganthimathi For Respondents :

Mr.R.Vijayakumar Additional Government Pleader for R1 to R3 Mr.R.Ravichandran for R4 Mr.M.Dhandapani for R5 Mr.D.Gopal for R6 & R7 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The petitioners on one hand claim that the land occupied by respondent Nos.6 and 7 was a road and encroached upon by them, while the said respondents claim that they are patta holders of the land.

2. The affidavit filed by the District Collector/respondent No.1 seek to suggests as if no sub-division has taken place and no planning permission was granted, but the stand of respondent Nos.6 & 7 is to the contrary.

3. It is in view thereof that on basis of the materials to be produced, the matter may be examined and a reasoned order be passed within a period of three months thereafter, after notice to all concerned.

4. The writ petitions, accordingly, stand disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2015 are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar bbr To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Tambaram, Chennai-600 045.

3. The Tahsildar, Tambaram Taluk, Sholinganallur, Chennai.

4. The Commissioner, St. Thomas Mount Panchayat Union, Chitlapakkam, Chennai.

5. The President, Kovilambakkam Panchayat, Kovilambakkam, +8cc's to Mr.D.Gopal, Advocate, S.R.Nos.5601 to 5608 +1cc to Mr.R.Ravichandran, Advocate, S.R.No.5780 +1cc to Mr.M.Dhandapani, Advocate, S.R.No.6634 +1cc to M/s.AL.Ganthimathi, Advocate, S.R.No.5621 W.P.Nos.20013 to 20020 of 2015 RSY(CO) CA(08/02/2017)