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Madras High CourtREV.APLW/115/2023disposed of

K.Shanmugavel Mudaliar v. The State Of Tamilnadu

2023-10-13Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Shanmugavel Mudaliar .. Applicant -vs1. The State of Tamilnadu, Rep. by its Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai.

2. The District Collector, Chengalpet District.

3. The Tahsildar, Pallavaram Taluk, Chrompet, Chennai 600 044.

4. The Block Development Officer, St. Thomas Mount Panchayat Union, Chitlapakkam, Chennai.

5. The President, Pozhichalur Village Panchayat, Pozhichalur, Chennai 600 074.

6. The State of Tamilnadu, Rep. by its Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai 600 009.

7. Tamil Nadu Electricity Board, Rep. by its Chairman, Anna Salai, Chennai 600 002.

8. The Inspector of Police, T4 Sankar Nagar Police, Sankar Nagar, Pammal, Chennai 600 075.

.. Respondents Prayer: Review Application filed under Order 47 Rule 1 read with Section 114 of CPC to review the order dated 12.07.2023 passed in W.P.No.20396 of 2023.

For the Applicant :

Mr.T.Saikrishnan For the Respondents :

Mrs.R.Anitha Special Government Pleader for RR 1 to 6 and 8 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.T.Saikrishnan, learned counsel for the applicant.

2. The learned counsel for the applicant submits that the colleague of the learned counsel for the applicant under misconception

made a statement that the suit is filed against the respondents and the same is pending. The suit is pending only against the Hindu Religious and Charitable Endowments (HR & CE) Department and not against the Village Panchayat or other officers.

3. The applicant/writ petitioner was seeking a relief that the respondents shall not encroach upon and carry out any construction in the property owned by the applicant/petitioner.

4. It is now submitted that the suit is filed against HR & CE Department. The applicant can also file a suit against other respondents herein seeking the relief of injunction in case the applicant is the lawful occupier of the land.

With these observations, the Review Application is disposed of. There will be no order as to costs. WMP.No.22331 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 13.10.2023 Index : Yes/No : Yes/No sra

To

1. The Secretary to Government of Tamilnadu, Rural Development and Panchayat Raj Department, Secretariat, Chennai.

2. The District Collector, Chengalpet District.

3. The Tahsildar, Pallavaram Taluk, Chrompet, Chennai 600 044.

4. The Block Development Officer, St. Thomas Mount Panchayat Union, Chitlapakkam, Chennai.

5. The President, Pozhichalur Village Panchayat, Pozhichalur, Chennai 600 074.

6. The Secretary to Government of Tamilnadu, Highways and Minor Ports Department, Secretariat, Chennai 600 009.

7. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002.

8. The Inspector of Police, T4 Sankar Nagar Police, Sankar Nagar, Pammal, Chennai 600 075.

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

(sra) 13.10.2023