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Madras High CourtWP/18174/2014disposed of

Mahant Basant Doss Bavaji, v. The State,

2018-01-24Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.18174 of 2014 Mahant Basant Doss Bavaji .. Petitioner

Versus

1.The State Rep By:

The Secretary, Municipal Administration and Water Supply Department, Secretariat,Saint George Fort, Chennai.

2.The District Collector, Collector Office-Kanchipuram, Kanchipuram District.

3.The Commissioner, Kanchipuram Municipality, Nellukara Street, Kanchipuram.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the 3rd respondent to consider the representation of the Petitioner dated on 14.06.2014, consequently directing the 3rd respondent to vacate the petitioner's land which is illegally occupied by the 3rd respondent.

For Petitioner : Mr.Patrick Ryan For Respondents: Mr.A.Ansal Government Advocate for R1 & R2 : Mr.G.B.Rajesh for R3

O R D E R

The petitioner has filed this writ petition seeking for a direction to the third respondent, to consider the representation of the Petitioner dated on 14.06.2014 and consequently direct the third respondent to hand over the petitioner's land.

2.Mr.G.B.Rajesh, learned counsel appearing for the third respondent submitted that there is a rival claim over the land in dispute and civil litigations are pending before the Civil Court.

https://hcservices.ecourts.gov.in/hcservices/

3.However, considering the prayer sought for in this writ petition, this Court, without going into the merits of the case, direct the third respondent to pass appropriate orders on the representation of the petitioner dated 14.06.2014, on merits and in accordance with law, after providing opportunity to all necessary parties.

4. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Secretary, Municipal Administration and Water Supply Department, Secretariat, Saint George Fort, Chennai.

2.The District Collector, Collector Office-Kanchipuram, Kanchipuram District.

3.The Commissioner, Kanchipuram Municipality, Nellukara Street, Kanchipuram.

+1 CC to Mr. G.B.Rajesh Advocate SR.NO.5380 +1 CC to the Government Pleader SR.NO.6200 W.P.No.18174 of 2014 VC (17/02/2018) https://hcservices.ecourts.gov.in/hcservices/