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Madras High CourtWP/19623/2017disposed of

Sa.Ma.Kumaresh, v. The Principal Secretary,

2017-08-04Honourable Mr Justice M. Sundar,Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2017 CORAM :

The Hon'ble MR.JUSTICE T.S.SIVAGNANAM AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.19623 of 2017 Sa.Ma.Kumaresh .. Petitioner -vs1.The Principal Secretary, Revenue Department, Govt. of Tamil Nadu, Fort St. George, Chennai.

2.The Director of Town Panchayat, Directorate of Town Panchayat, Kuralagam, Chennai 108.

3.The District Collector, Kancheepuram District.

4.The Assistant Director of Town Panchayat, Kancheepuram District, Kancheepuram.

5.The Revenue Divisional Officer, Tambaram Division, Tambaram.

6.The Tahsildar, Pallavaram Taluk, Chromepet, Chennai-44.

7.The Executive Officer, Kundrathur Town Panchayat, Kundrathur, Chennai 600 069.

8.A.Jayakumar 9.Dhanasekaran .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct 1st to 7th respondents to take appropriate action on petitioner's representation dated 27.02.2017 and 28.02.2017 with regard to

removal of encroachment on the Government land (Kalam Medu) in Survey No.105, at Kundrathur Village, Kundrathur Town Panchayat, Pallavaram Taluk, Kancheepuram District.

For Petitioner :

Mr.B.Manoharan For Respondents :

Mr.M.K.Subramanian, Govt. Pleader, for RR 1 to 7

O R D E R

(Order of the Court was made by Mr.T.S.Sivagnanam, J.) The petitioner has approached this Court as a public interest litigant alleging that a layout has been formed by a Co-operative Society and the entrance to the layout is through a land classified as 'Kalam Medu'.

2.Learned Government Pleader appearing for the official respondents, on instructions, submits that the total extent of the layout is about 164 acres and the Chennai Metropolitan Development Authority (CMDA) has granted approval and the officials have visited the area and have instructed that the 'Kalam Medu' should not be utilised as entrance for the layout. 3.In the light of the instruction already given to the concerned officials as well as the developer, it would suffice to place the same on record and dispose of the writ petition. In view of the stand taken by the official respondents, if there is any entrance illegally constructed/ laid in the 'Kalam Medu', action should be initiated in accordance with law by removing the said construction.

4.Writ petition is, accordingly, disposed of. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sra To 1.The Principal Secretary, Revenue Department, Govt. of Tamil Nadu, Fort St. George, Chennai.

2.The Director of Town Panchayat, Directorate of Town Panchayat, Kuralagam, Chennai 108.

3.The District Collector, Kancheepuram District.

4.The Assistant Director of Town Panchayat, Kancheepuram District, Kancheepuram.

5.The Revenue Divisional Officer, Tambaram Division, Tambaram.

6.The Tahsildar, Pallavaram Taluk, Chromepet, Chennai-44.

7.The Executive Officer, Kundrathur Town Panchayat, Kundrathur, Chennai 600 069.

+1cc to M/s.B.Manokaran,Advocate sr.57094 +1cc to Government Pleader sr.56401 W.P.No.19623 of 2017 rr(co) ss(22/8/2017)