K. Kumar v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2015

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition No. 27798 of 2015 K. Kumar

...Petitioner

vs.

1. The State of Tamil Nadu rep. by Secretary to Govt.

Revenue Department Fort St. George Chennai - 600 009.

2. The District Collector Kancheepuram District, Kancheepuram.

3. The Revenue Divisional Officer Chengalpet Division, Chengalpet.

4. The Tahsildar Thiruporur Taluk, Thiruporur Kancheepuram District.

5. P.R. Earnestpaul Managing Director Greenpeace Co. Pvt. Ltd.

No.1, Natasan Salai Ashok Nagar, Chennai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing respondents 1 to 4 to evict the 5th respondent from survey No. 190 of Madayathur Village and leave the vacant land for the village people for grazing their cattle's by considering the petitioner's representation dated 31.7.2015.

For Petitioner :

Mr. V. Neethidurai For Respondents :

Mr. S.T.S. Murthi, Govt. Pleader assisted by Mr.V.Shanmugha Sundar Govt. Advocate for R1 to R4.

O R D E R

(Made by The Hon'ble The Chief Justice) The grievance made by the petitioner qua village land, as per the learned Government Pleader, has already been addressed by issuance of notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 for show cause, followed by notices under Section 6 of the said Act on 12.05.2015. The private respondent aggrieved by the same is stated to have approached the District Munsif's Court at Chengalpattu in O.S.No.144 of 2015 in which written statement has been filed by the Tahsildar.

2. In view of the aforesaid position, there is no need to entertain the petition and we direct the Tahsildar to diligently follow-up the litigation.

3. The writ petition accordingly stands disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ATR Copies to

1. The Secretary to Govt.

State of Tamil Nadu Revenue Department Fort St. George Chennai - 600 009.

2. The District Collector Kancheepuram District, Kancheepuram.

3. The Revenue Divisional Officer Chengalpet Division, Chengalpet.

4. The Tahsildar Thiruporur Taluk, Thiruporur Kancheepuram District.

1 CC to Mr. V. Neethidurai, Advocate SR.No. 48202 1 CC to the Government Pleader, SR.No. 48197 W.P. No. 27798 of 2015 KU (CO) PSI (24.09.2015)