Okiyam Thuraipakkam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.30376 of 2004 Okkiyam Thuraipakkam VenniyakulaShathiriyar Welfare TempleDevelopment Trust, Rep.by its President M.Natarajan, Okkiyam Thuraipakkam, Chennai-96.

..Petitioner

Versus

1.The District Collector, Kanchipuram Disrict, Kanchipuram.

2. The Thasildar, Taluk Office, Tambaram Taluk, Kanchipuram District.

3 Okkiam Thuraipakkam Panchayat, Rep.by its president, Okkiam Thuraipakkam, Chennai-600 096.

4.The Executive Engineer, Public Works Department Office, Building Maintenance and Construction Division, Collectorate, Kanchipuram.

5. The Deputy Director of Health Services, Saidapet, Chennai-15.

6. Tamil Nadu Road Development Company Rep.by its Chief Executive Officer, Sindur- Pantheon Plaza, 2nd Floor, 346 Pantheon Road Egmore, Chennai-8.

(R 6 impleaded as per the order dated 17.12.2004 in W.M.P. No 41707 of 2004) ..Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents, their men, sub- ordinates, agents

from in any manner dealing or putting up any construction in S.No.69/7 of Okkiam Thruraipakkam village, Chennai except for stopping Charriots.

For Petitioner : Mr.G.Arul Murugan For RR1,2 & 4 : Mr.Akhil Akbar Ali, Government Advocate For R6 : Mr.M.Sivarathanam

O R D E R

The petitioner has filed this petition forbearing the respondents from in any manner dealing or putting up any construction in S.No.69/7 of Okkiam Thruraipakkam village, Chennai except for stopping Charriots.

2. When the matter is taken up for hearing, it is represented by the learned counsel for the petitioner that when he objected the act of the respondents for constructing a Primary Health Centre, an alternative site has been identified by the 5th respondent for constructing the same and that it has been done in the alternative site. The petitioner has also produced a communication dated 22.07.2008, stating that alternative site has been given at Thuraipakkam for constructing a Primary Health Centre and that the writ petition filed by the petitioner may be withdrawn by the petitioner.

3. The impleaded 6th respondent has submitted that the land belongs to the Government and hence the land is acquired and road is also laid.

4. Recording the above submissions, the writ petition is disposed of. However, whether the petitioner is the owner of the land or it has been allotted to the Public Works Department for formation of road, is not an issue in this writ petition and it is left open. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar pvs To

1. The District Collector, Kanchipuram Disrict, Kanchipuram.

2. The Thasildar, Taluk Office, Tambaram Taluk, Kanchipuram District.

3. The president, Okkiam Thuraipakkam Panchayat, Okkiam Thuraipakkam, Chennai-600 096.

4. The Executive Engineer, Public Works Department Office, Building Maintenance and Construction Division, Collectorate, Kanchipuram.

5. The Deputy Director of Health Services, Saidapet, Chennai-15.

6. The Chief Executive Officer Tamil Nadu Road Development Company Sindur-Pantheon Plaza, 2nd Floor, 346 Pantheon Road Egmore, Chennai-8.

+1 CC to Ms. G. Arul Murugan, Advocate sr 55598. +1 Cc to Ms.M. Sivavarthanan, Advocate sr 58627. +1 Cc to Govt. Pleader sr 56419.

W.P.No.30376 of 2004 RSK(CO) sp(31/08/2017)