V.Mohana Priya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU V.Mohana Priya .. Petitioner Vs 1.The District Collector, Office of the District Collector, Chengalpet District, Chengalpet.
2.The Revenue Divisional Officer, Tambaram, Chennai-600 045.
3.The Tahsildar, Vandalur Taluk office, G.S.T. Road, Vandalur, Chennai.
4.The Block Development Officer, Kattankalathur, Chengalpet District.
5.The President, Vengadamangalam Panchayat, Venkatamangalam.
6.M/s.Casa Grande Urbano Owners Association, rep. by its Secretary, Vengadamangalam Main Road, Vengadamangalam, Chennai-600 127.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 27.4.2023 and to remove the illegal structures namely clubhouse, theatre and swimming pool erected in government 'Kuttai'/Pond at Survey No.70/2, Vengadamangalam Village, Vandalur Taluk, Chengalpet District and the gate erected in public road at Palm Meadows Main Road, Vengadamangalam Village, Vandalur Taluk, Chengalpet District by the sixth respondent in accordance with law. For the Petitioner : Mr.Adinarayana Rao For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader for respondents 1 to 5 : Mr.R.T.Amargirish for respondent No.6
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.Adinarayana Rao, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 5; and Mr.T.Amargirish, learned counsel for the sixth respondent.
2. A status report is filed by the Tahsildar. As per the status report, the subject Survey No.70/2 has been inspected. The same is a pond (Kuttai) and encroachment is found constructed by the sixth respondent. It is stated that Form Nos.I and II would be sent to the Block Development Officer under the Tamil Nadu Land Encroachment Act, 1905 to remove the encroachment as per law.
3. As it is stated in the status report that the process of law will be undertaken, the respondent authorities are directed to take appropriate steps expeditiously. The writ petition is disposed of
accordingly. The private respondents may file their reply to the notices that would be issued to them and put forth their stand. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 04.09.2023 Index :
Yes/No Yes/No sasi To:
1.The District Collector, Office of the District Collector, Chengalpet District, Chengalpet.
2.The Revenue Divisional Officer, Tambaram, Chennai-600 045.
3.The Tahsildar, Vandalur Taluk office, G.S.T. Road, Vandalur, Chennai.
4.The Block Development Officer, Kattankalathur, Chengalpet District.
5.The President, Vengadamangalam Panchayat, Venkatamangalam.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 04.09.2023