P.Gopi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P.No.30783 of 2015 and M.P.No.1 of 2015 P. Gopi Petitioner Vs The District Collector Kancheepuram District Kancheepuram The Tahsildar Sriperumpudur The Block Development Office Sriperumpudur Panchayat Union Kancheepuram District Respondents Writ Petition filed under Article 226 of the Constitution seeking a writ of mandamus forbearing the third respondent from putting up any further construction in Survey No.477, Maduramangalam Village, Sriperumpudur Taluk, Kancheepuram District and consequently, direct the respondents to demolish the existing structure put up at Survey No.477, Maduramangalam Village, Sriperumbudur Taluk, Kancheepuram District.
For petitioner Mr. S. Ganesh For RR 1 & 2 Mrs. A. Srijayanthi, Spl. Govt. Pleader For R3 Mrs.M.E.Raniselvam, Addl. Govt. Pleader
ORDER
(delivered by SATISH K. AGNIHOTRI,J.,) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for respondents 1 and 2. Mrs. M.E. Raniselvam, learned Additional Government Pleader, accepts notice for the third respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.
This writ petition is filed seeking a writ of mandamus forbearing the third respondent from putting up any further construction in Survey No.477, Maduramangalam Village, Sriperumpudur
Taluk, Kancheepuram District and consequently, direct the respondents to demolish the existing structure put up at the aforesaid survey number.
The learned counsel for the petitioner submits that pursuant to the petitioner's representation dated 07 July 2015 addressed to the first respondent, the office of the first respondent has taken cognizance of the said representation and vide communication dated 28 August 2015, has directed the second respondent to cause inspection and take appropriate action for removal of the encroachment at the aforestated survey number. Subsequent thereto, there has been no progress in the matter and the second respondent is sitting over the file and has not proceeded with the action for removal of the aforestated alleged encroachment. Thus, the petitioner is made to file the instant writ petition, seeking a direction to the authorities to take necessary action as per law and on merits.
Mrs. A. Srijayanthi, learned Special Government Pleader, appearing for respondents 1 and 2 submits that necessary action shall be taken on proper verification and after affording an opportunity of hearing to all the alleged encroachers within a period of four weeks.
In view of the above submission of the learned Special Government Pleader, it is ordered accordingly. The writ petition stands disposed of with the above direction. No costs. Connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar cad
To The District Collector Kancheepuram District Kancheepuram The Tahsildar Sriperumpudur The Block Development Office Sriperumpudur Panchayat Union Kancheepuram District 1 cc to Mr.S. Ganesh, Advocate, Sr. 53179 1 cc to M/s. Government Pleader, Sr. 53716 W.P. No.30783 of 2015 MP (CO) kk 7/10