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Madras High CourtWP/23818/2018disposed of

M.Palakani, v. The District Collector,

2023-08-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1.M.Palakani 2.N.Vengadesan 3.L.Kanagaraj : Petitioners versus 1.The District Collector Thiruvallur District 2.The Tahsildar Avadi Taluk, Thiruvallur District.

3.The Executive Officer Thirunindravur Town Panchayat Thiruvallur District.

4.The Member Secretary CMDA, Egmore, Chennai.

5.C.S.I. Redeemer Jesus Church Rep. by its Pastor Dr.Ambedkar Nagar, Prakash Nagar Thirunindravur Village, Thiruvallur District. : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 3 to evict the encroachment done by the 5th respondent at 50 feet Road in the stretch lying between Plot No.23 & 24 of the Prakash Nagar layout located at S.F.No.15, Thirunindravur Village at present Avadi Taluk.

For the Petitioner :

Mr.C.Pushparaj, for Mr.E.P.Senniyangiri For Respondents 1 to 3 :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.Karthik Jegannathan, Government Advocate For Respondent No.4 :

Ms.Veena Suresh For respondent No.5 :

No appearance

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.Pushparaj, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 3 and Ms.Veena Suresh, learned counsel for the fourth respondent.

2. The petitioner alleges encroachment by the fifth respondent at the 50 Feet Road, Prakash Nagar layout, Thirunindravur Village.

3. Mr.P.Muthukumar, learned State Government Pleader, submits that the Tahsildar would survey/measure the property, as circumstances may warrant, and pursuant to the report of survey and/or measurement, further steps would be undertaken in accordance with law.

4. In view of the same, the Writ Petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 25.08.2023 Index : Yes/No : Yes/No tar To 1.The District Collector Thiruvallur District 2.The Tahsildar Avadi Taluk, Thiruvallur District.

3.The Executive Officer Thirunindravur Town Panchayat Thiruvallur District.

4.The Member Secretary CMDA, Egmore, Chennai.

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

(tar) 25.08.2023