M.Arulnandan v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Arulanandan .. Petitioner

Versus

1. The Joint Commissioner, HR & CE Department, Kancheepuram, Collectorate Complex, Kancheerpuram.

2. The Member Secretary, CMDA, Thalamuthu Natarajan Building, Gandhi Irwain Road, Egmore, Chennai - 8.

3. The Block Development Officer, Kundrathur Panchayat Union, Kundrathur, Kancheepuram District.

4. Cosagaran Private Limited, Represented by its Managing Director, No.111, NPL Devi, LB Road, Thiruvanmiyur, Chennai - 41.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the 1st, 2nd and 3rd respondents herein to remove the encroachment made by the 4th respondent to safeguard 1/5

the temple property land measuring an extent of 9 cents or about 4000 Sq.ft. or thereabouts comprised in Survey No.390/1, Patta No.3, Vazhuthalmedu, Thirumudivakkam village, Kundrathur taluk and panchayat union, Kancheepuram and taking necessary action on the petitioner's representation, dated 26.07.2022 within the time fixed by this Court. For Petitioner : No Appearance For Respondents : Mr.K.Karthikeyan, Government Advocate (HR & CE) for R1 : Mrs.P.Veena Suresh, for R2 : Mr.K.Karthik Jegannath, Government Advocate for R3 : No Appearance for R4

ORDER

(Order of the Court is made by the Hon'ble Chief Justice) There is no representation on behalf of the petitioner. Heard Mr.K.Karthikeyan, learned Government Advocate (HR & CE) for the first respondent; Mrs.P.Veena Suresh, learned Counsel for the second respondent and Mr.K.Karthik Jegannath, learned Government Advocate for the third respondent.

2. This petition is filed for removing the encroachment made by the fourth respondent in the temple property land comprised in S.No.390/1, 2/5

Patta No.3, Vazhuthalamedu, Thirumudivakkam village, Kundrathur taluk and panchayat union, Kancheepuram.

3. Learned Government Advocate (HR & CE) for the first respondent submits that the inspection would be made by the responsible personnel from the HR & CE Department within a period of three months from today and depending upon the report of inspection, further steps would be undertaken in accordance with law.

4. This Writ Petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.33052 of 2022 is closed. (S.V.G., CJ.) (J.S.N.P., J.) 01.04.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Joint Commissioner, HR & CE Department, Kancheepuram, Collectorate Complex, Kancheerpuram.

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2. The Member Secretary, CMDA, Thalamuthu Natarajan Building, Gandhi Irwain Road, Egmore, Chennai - 8.

3. The Block Development Officer, Kundrathur Panchayat Union, Kundrathur, Kancheepuram District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

grs 4/5

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