M/S.Real Value Promoters v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2015
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No.28114 of 2015 and M.P.No.1/2015 M/s. Real Value Promoters (P) Ltd., rep. By its Director, R. Dhamodaran, No.455 Anna Salai, Teynampet, Chennai 600 018.
Petitioner Vs.
1 The District Collector, Office of the District Collector, Kanchipuram District, Kanchipuram.
2 The Thasildar, Tiruporur Taluk Office, Tiruporur, Kanchipuram District.
3 The Revenue Inspector, Tiruporur Taluk, Kanchipuram District.
4 The Village Administrative Officer, No.14 Kazhiputtum Village, Tiruporur Taluk, Kanchipuram District.
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records on the file of 2nd respondent pertaining to impugned order dated 31.8.2015 served on 2.9.2015 calling upon the petitioner to demolish and handover 56 cents lands (claiming the same as S.No.102 Part , 104 Part & 105 Part) being a portion in the petitioners project namely Neel Kamal situated at S.No.101/1 Kazhipattur Village, Thiruporur Taluk, Chengalpet District purported to have been encroached and quash the same as illegal and arbitrary.
For petitioner M/s. Adinarayana Rao For respondents Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader
ORDER
(Order of the Court was delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, accepts notice on behalf of the respondents. With the consent of the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents, this writ petition is taken up for final disposal, at the admission stage itself.
2. Learned counsel appearing for the petitioner submits that the petitioner wants to assail the legality and validity of the impugned notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, before the Appellate Authority under the provisions of law and therefore, seeks a weeks' time to enable the petitioner to take recourse to the statutory remedy.
3. Learned Special Government Pleader appearing for the respondents submits that for a weeks' time, no consequential steps pursuant to the impugned notice, will be taken.
4. In that view of the matter, we direct the parties to maintain status quo as obtained today, in respect of the property in question, for a period of one week, enabling the petitioner to prefer a statutory appeal, if so advised. This writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed. ` Sd/- Assistant Registrar True Copy Sub Assistant Registrar ra To 1 The District Collector, Office of the District Collector, Kanchipuram District, Kanchipuram.
2 The Thasildar, Tiruporur Taluk Office, Tiruporur, Kanchipuram District.
3 The Revenue Inspector, Tiruporur Taluk, Kanchipuram District.
4 The Village Administrative Officer, No.14 Kazhiputtum Village, Tiruporur Taluk, Kanchipuram District.
1 cc to Government Pleader.Sr.No.48918 1 cc to M/s. Adinarayana Rao, Advocate Sr.No.48524 W.P. No.28114 of 2015 msm(co) pmk.9.9.2015