N.Indrakesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Indrakesan ..
Petitioner Vs.
1. The District Collector Kanchipuram District
2. District Revenue Officer Kanchipuram District
3. The Tahsildar Thiruporur Taluk
4. Block Development Officer Thiruporur Taluk
5. Mamallapuram Local Planning Authority Thiruporur Taluk Kanchipuram District 603 104.
6. Galaxy Property Consultancy Rep. by its Proprietor Suresh No.34E, Ground Floor, Rajiv Gandhi Salai OMR Egattur, Chennai 600 130.
7. The Sub Registrar Thiruporur SRO No.29, South Mada Street Thiruporur Chengalpet 603 110.
..
Respondents [R7 impleaded vide order dated 09.07.2019 in WMP No.18948/19] Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 to retrieve the Government land having an extent of 0.81.0 Ares comprised in S.No.346/1 and an extent of 0.56.0 Ares and 2.05.0 Ares comprised in S.Nos.1351/1A and 1351/1B indexed as Adi Dravidar Kudiyiruppu by removing the encroachment on the basis of petitioner's representation dated 26.12.2018.
For the Petitioner : Mr.Thiyagu P.G For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 4 & 7 Mr.V.Jayaprakash Narayanan for Respondent-5 No appearance for Respondent-6
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Thiyagu, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 4 and 7 and Mr.V.Jayaprakash Narayanan, learned counsel for the fifth respondent.
2. Learned counsel for the petitioner contends that the lands to an extent of 0.81.0 Ares comprised in S.No.346/1 and an extent of 0.56.0 Ares and 2.05.0 Ares comprised in S.Nos.1351/1A and 1351/1B indexed as Adi Dravidar Kudiyiruppu have to be retrieved from encroachment.
3. Learned State Government Pleader, on the instructions of Tahsildar, submits that in S.Nos.1351/1A and 1351/1B and also in S.No.346/1, no encroachment exists.
4. The petitioner has already given representation dated
26.12.2018 to the respondents. The Tahsildar and the Block Development Officer, respondents 3 and 4 herein, shall consider the representation of the petitioner on its own merits and take decision, preferably within six months from the date of receipt of a copy of this order.
5. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.13966 and 13970 of 2019 are closed. (S.V.G., CJ.) (D.B.C., J.) 09.01.2024 Index :
Yes/No :
Yes/No kpl To
1. The District Collector Kanchipuram District
2. District Revenue Officer Kanchipuram District
3. The Tahsildar Thiruporur Taluk
4. Block Development Officer Thiruporur Taluk
5. Mamallapuram Local Planning Authority Thiruporur Taluk Kanchipuram District 603 104.
6. The Sub Registrar Thiruporur SRO No.29, South Mada Street Thiruporur Chengalpet 603 110.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 09.01.2024