G.Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Lakshmi ..

Petitioner Vs.

1. The District Collector First Floor, Collectorate Building Master Plan Complex NH 205 Chennai-Tirutani Highways Thiruvallur 602 001.

2. The Assistant Director Town Panchayat Assistant Director Office Thiruvallur District.

3. The Tahsildar Poonamallee Taluk Office Ettima Nagar, Poonamallee Chennai 600 056.

4. The Village Administrative Officer Poonamallee Taluk, Thirumazhisai Madavilaku Village Nazarethpettai 600 123.

5. The Executive Officer Thirumazhisai Town Panchayat Office No.14/1A, Athukal Street Thirumazhisai, Thiruvallur 600 124.

6. Muniyappa ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 5th respondent to expedite action in Na.Ka.No.706/2023/A3 dated 05.06.2023 issued by the 2nd respondent within a stipulated period.

For the Petitioner : Mr.B.Ram Prasath For the Respondents : Mr.T.K.Saravanan Government Advocate for Respondents 1 to 5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.B.Ram Prasath, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondents 1 to 5.

2. The petitioner contends that the sixth respondent has

encroached upon her property. Without obtaining construction permission, the sixth respondent has constructed the structure, which is illegal and unauthorised.

3. According to learned counsel for the petitioner, the petitioner has made construction long back. At that time, construction permission was not necessary for the petitioner. The Development Control Rules have come into force subsequently and the sixth respondent has constructed without construction permission and in the land of the petitioner.

4. If a private person encroaches the private property of the petitioner, then, writ petition is not the remedy. The petitioner has to vindicate his rights in the civil Court.

5. The petitioner will also have to demonstrate whether his construction is authorised or otherwise. The petitioner may approach the civil Court as may be permissible under law.

6. The writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.02.2024 Index :

Yes/No :

Yes/No kpl To

1. The District Collector First Floor, Collectorate Building Master Plan Complex NH 205 Chennai-Tirutani Highways, Thiruvallur 602 001.

2. The Assistant Director Town Panchayat Assistant Director Office, Thiruvallur District.

3. The Tahsildar Poonamallee Taluk Office Ettima Nagar, Poonamallee, Chennai 600 056.

4. The Village Administrative Officer Poonamallee Taluk, Thirumazhisai Madavilaku Village, Nazarethpettai 600 123.

5. The Executive Officer Thirumazhisai Town Panchayat Office No.14/1A, Athukal Street, Thirumazhisai, Thiruvallur 600 124.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 19.02.2024