Mrs.Gopi @ Bhuvaneswari v. The Revenue Divisional

2024:MHC:1555

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.Nos.15419 & 15420 of 2018 1.Mrs.Gopi @ Bhuvaneswari 2.Ramaiah 3.K.Revathi ... Petitioners Vs.

1.The Revenue Divisional Officer, Ambattur, Chennai - 600 053.

2.The Tahsildar, Maduravoyal Taluk, Maduravoyal, Tiruvallur District.

3.J.Rajendra Prasad ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 from demolishing the building situated in S.No.76/4, (old S.No.45/13, Noombal Village, previously Ambattur Taluk, now Maduravoyal Taluk till disposal of the Review Petition to be filed in W.P.No.20791 of 2017, dated 12.03.2018. For Petitioners : Mr.C.Prakasam For R1 & R2 : Mr.A.Selvendran Special Government Pleader For R3 : Mr.N.R.Anantha Rama Krishnan : Mr.S.L.Maurric Meshaak Advocate Commissioner

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the present writ petition is to forbear the respondents 1 and 2 from demolishing the building situated in S.No.76/4, (old S.No.45/13, Noombal Village, previously Ambattur Taluk, now Maduravoyal Taluk till the disposal of the Review Petition to be filed in W.P.No.20791 of 2017, dated 12.03.2018.

2. Since the Revenue Authorities have not identified any encroachments in the subject properties, removal of encroachments would not arise. In the event of not identifying the encroachments by the Revenue Authorities, it may not be possible for the High Court to issue a direction to remove the encroachments.

3. Mr.C.Prakasam, learned counsel appearing for the private individuals in the writ petition has promised to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to Mr.S.L.Maurric Meshaak, learned Advocate Commissioner. However, Mr.C.Prakasam, learned counsel has paid the said amount in the Court itself.

4. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S., J.] [K.R.S., J.] 13.03.2024 (2/2) Jeni Index : Yes Speaking order / Non-speaking order

To 1.The Revenue Divisional Officer, Ambattur, Chennai - 600 053.

2.The Tahsildar, Maduravoyal Taluk, Maduravoyal, Tiruvallur District.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

Jeni 13.03.2024 (2/2)