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Madras High CourtWP/13954/2013disposed of

R.Parimala v. The State Of Tamilnadu

2016-09-23Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.13954 of 2013 and M.P.No.1 of 2013 R.Parimala .. Petitioner Vs.

1.The State of Tamil nadu, rep by its Principal Secretary to Government, Tamil Nadu Housing Department, Chennai-9.

2.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai-5.

3.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-5.

4.The Executive Engineer, Tamil Nadu Slum Clearance Board, K.K.Nagar, Chennai.

5.Tahsildar, Chengalpat Taluk, Kancheepuram District, 6.The District Collector, Kancheepuram District.

7.Director General, Highways, PWD Campus, Chepauk, Chennai-5.

.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, forbearing their men, agents servants or subordinate or anybody claiming under them the respondents from in any way interfering with the petitioner's peaceful possession and enjoyment of the schedule mentioned property.

For Petitioner : Ms.Selvi George For Respondents : Mr.P.Sanjai Gandhi, AGP for RR1,5 to 7 Mr.P.Jeganath for R-3 No appearance for RR2 and 4

ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsels, appearing on behalf of the concerned respondents.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, forbearing the respondents from, in any way, interfering with the petitioner's peaceful possession and enjoyment of the schedule mentioned property. Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the sixth respondent is directed to dispose of the representation, dated 18.4.2013, on merits and in accordance with law, within a specified period.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the sixth respondent to dispose of the representation of the petitioner, dated 18.4.2013, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall furnish a copy of the representation, dated 18.4.2013, to the sixth respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.

The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vvk

To 1.The Principal Secretary to Government, The State of Tamil nadu, Tamil Nadu Housing Department, Chennai-9.

2.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Tripliucane, Chennai-5.

3.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-5.

4.The Executive Engineer, Tamil Nadu Slum Clearance Board, K.K.Nagar, Chennai.

5.Tahsildar, Chengalpat Taluk, Kancheepuram District, 6.The District Collector, Kancheepuram District.

7.Director General, Highways, PWD Campus, Chepauk, Chennai-5.

1 cc to Mr.Selvi George, Advocate, Sr. 54673 1 cc to Government Pleader, Sr. 54655 W.P.No.13954 of 2013 SV (CO) kk 22/10