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Madras High CourtWP/15749/2023disposed of

S.R.Gopalakrishnan v. The Superintending Engineer

2023-06-27Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.R.Gopalakrishnan .. Petitioner Vs 1.The Superintending Engineer, Tamil Nadu State Highways Department, Construction and Maintenance, No.299, Anna Salai, Teynampet, Chennai-600 006.

2.The Assistant Divisional Engineer, Tamil Nadu State Highways Department, Construction and Maintenance, Sriperumbudur, Kanchipuram District.

3.The Tahsildar, Kundrathur Taluk, Office of the Kundrathur Taluk, Kanchipuram District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents 1 and 2 and their employees, servants and agents from in any way

demolishing the existing superstructure of the petitioner's property bearing S.No.43/1A2, Patta No.531, measuring an extent of 2193 sq. ft. situated at Kollacheri Village, Kundrathur Taluk, Kanchipuram District.

For the Petitioner : Mr.S.Ganesh For the Respondents : Mrs.R.Anitha Spl. Government Pleader

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.S.Ganesh, learned counsel for the petitioner, and Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. The grievance of the petitioner is that the superstructure on the land in Survey No.43/1A2 is of his ownership. Patta has been issued in his favour admeasuring an extent of 2193 square feet.

3. Learned Special Government Pleader submits that the encroachment in Survey No.44 has been removed and no action is, as yet, taken against the private property.

4. The petitioner claims to have submitted an application for measurement. The authority may measure the property of the petitioner in accordance with law. Learned counsel for the petitioner submits that even the petitioner has deposited fees for measurement. Pursuant to the measurement report, the parties may take further steps.

5. With the above observation, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.15204 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 27.06.2023 Index :

Yes/No :

Yes/No bbr

To 1.The Superintending Engineer, Tamil Nadu State Highways Department, Construction and Maintenance, No.299, Anna Salai, Teynampet, Chennai-600 006.

2.The Assistant Divisional Engineer, Tamil Nadu State Highways Department, Construction and Maintenance, Sriperumbudur, Kanchipuram District.

3.The Tahsildar, Kundrathur Taluk, Office of the Kundrathur Taluk, Kanchipuram District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr 27.06.2023