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Madras High CourtWP/20497/2023disposed of

Union Carbide Employees Co-Op. House Building Society Ltd., v. The District Collector

2023-09-11Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No.19894 of 2023 Union Carbide Employees Co-op House Building Society Ltd., Represented by its President, D.Ramana Kumar, Having Office at:

No.134, 3rd Street, Union Carbide Colony, Kodungaiyur, Chennai-600 118.

... Petitioner -vs1. The District Collector, Office of the District Collector, Tiruvallur District.

2. The Tahsildar, Ponneri Taluk, Taluk Office Road, Ponneri-601 204.

3. The Executive Officer, Minjur Town Panchayat, Tiruvallur District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to demolish unlawful encroachment of 20 feet to a stretch of 60 feet long

compound wall put up on 40 feet road, in S.No.47/3, in Ariyanvoyal Village, Ponneri Taluk and restore the road to its original position of 40 feet Road in S.No.47/3 in Ariyanvoyal Village, Ponneri Taluk. For the Petitioner :

Ms.N.Fidelia For the Respondents :

Mrs.R.Anitha, Special Government Pleader * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.N.Fidelia, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for the respondents.

2. The learned Special Government Pleader, on instructions, submits that a joint survey would be conducted on 27.09.2023 in the presence of the petitioner, the third respondent and all the affected parties. After the survey is conducted and in tune with the survey report, further action would be taken.

In view of the said stand, the writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (P.D.A., J.) 11.09.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Office of the District Collector, Tiruvallur District.

2. The Tahsildar, Ponneri Taluk, Taluk Office Road, Ponneri-601 204.

3. The Executive Officer, Minjur Town Panchayat, Tiruvallur District.

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

(sra) 11.09.2023