Kumar M v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN M.Kumar ... Petitioner -vs1. The Government of Tamil Nadu, Rep. by The Secretary To Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.
2. The Secretary to Government, Department of Rural Development and Panchayat Raj, Secretariat, Chennai-600 009.
3. The Member Secretary, Chenani Metropolitan Development Association, Egmore, Chennai-600 008.
4. The Director, Department of Rural Development and Panchayat Raj, Chennai-600 015.
5. The Chief Planner, Chennai Metropolitan Development Association, Egmore, Chennai-600 008.
6. The Block Development Officer, Kattangulathur Panchayat Union, Kattangulathur, Chengalpatu District.
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7. SSM Builders and Promotors, SSM Nagar, Alappakkam, Chennai-600 063.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 5 & 6 to take action on the petitioner's petition dated 26.06.2024 against the unauthorized construction of compound wall encircling public properties, road at S.No.444 by the 7th respondent, blocking access to the petitioner's land at S.No.442/5B, 442/6 at Nedungundrum Village, Vandalur Taluk, Chengalpet District.
For Petitioners : Mr.A.Jayapal For R1, R2 & R4 : Mr.M.Venkateswaran Spl. Govt. Pleader For R3 & R5 : Mr.Akhil Akbar Ali Standing Counsel *****
O R D E R
(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 5 & 6 to take action on the petitioner's petition dated 26.06.2024 against the unauthorized construction of compound wall encircling public properties, road at S.No.444 by the 7th respondent, blocking access to the petitioner's land at S.No.442/5B, 442/6 at Nedungundrum Village, Vandalur Taluk, Chengalpet District. 2/6
2. Mr.M.Venkateswaran, learned Special Government Pleader takes notice for R1, R2 & R4. Mr.Akhil Akbar Ali, learned Standing Counsel takes notice for R3 & R5. Notice to R7 is dispensed with, as no adverse order is going to be passed against them. By consent, the Writ Petition itself is taken up for final disposal at the admission stage.
3. It is the case of the petitioner that his father had purchased properties in various survey numbers and had executed a registered Will on 08.04.1981. After the demise of his father, the legal heirs have inherited the respective properties and the petitioner got the share of 1.3 acres of land. While so, the 7th respondent / Builder has constructed a big compound wall obstructing ingress and egress of the petitioner's land. He has also given a petition dated 26.06.2024 to the respondents for removal of encroachment caused by the 7th respondent and it did not evoke any response from the responents. Hence, the petitioner is before this Court.
4. Learned Standing Counsel appearing for the respondents 3 & 5 stated that the respondents 5 and 6 are competent authorities to consider 3/6
the petition / representation of the petitioner and a reasonable time may be granted to them for considering and passing appropriate orders on the representation of the petitioner.
5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents 5 & 6 to consider the petition / representation dated 26.06.2024 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R7 and other parties concerned and thereafter, pass necessary orders. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
(J.N.B,J.,) (M.J.R,J.,) 23.06.2025 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 4/6
To:
1. The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai-600 009.
2. The Secretary to Government, Department of Rural Development and Panchayat Raj, Secretariat, Chennai-600 009.
3. The Member Secretary, Chenani Metropolitan Development Association, Egmore, Chennai-600 008.
4. The Director, Department of Rural Development and Panchayat Raj, Chennai-600 015.
5. The Chief Planner, Chennai Metropolitan Development Association, Egmore, Chennai-600 008.
6. The Block Development Officer, Kattangulathur Panchayat Union, Kattangulathur, Chengalpatu District.
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J.NISHA BANU, J.
AND M.JOTHIRAMAN , J.
ar 23.06.2025 6/6