S.Rajdinesh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.08.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI S.Rajdinesh .. Petitioner Vs 1.The District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai, Tamil Nadu-600 001.
2.The Revenue District Officer, Near the Tamilnadu Dr. MGR Medical University, Anna Salai, Guindy, Chennai-600 032.
3.The Tashildhar, Land Survey Department, Tashildhar Office, Sholinganallur Taluk, Kanchipuram-600 119.
4.The Executive Officer, Town Panchayat, Kovilambakkam, Chennai-600 117.
5.T.Thavavignesh .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to remove, demolish the entire unauthorised and illegal construction put forth by the fifth respondent for an extent of 4 feet and to recover the 20 feet public road available as per the approved layout. For the Petitioner : Mr.S.Nirmal Aditya For Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the fifth respondent had encroached on a public road in an approved layout, the petitioner sent a representation to the respondent authorities on 30.7.2024. As the said representation did not evoke any response, the present writ petition is filed to command the authorities to remove the encroachment.
2. Learned State Government Pleader appearing on behalf of respondents 1 to 4 submitted that the fourth respondent is the
competent authority to take necessary action qua the alleged encroachment put up by the fifth respondent and the said authority may be directed to consider the grievance aired by the petitioner within a time frame.
3. Considering the narrow scope of the relief sought, without going into the merits of the matter, we dispose of the writ petition with the following directions:
(i) The petitioner is directed to forward a copy of the representation dated 30.7.2024 along with a copy of this order to the fourth respondent within one week from the date of receipt of a copy of this order; and (ii)On receipt of the same, the fourth respondent shall pass appropriate orders, on merits and in accordance with law, of course after providing an opportunity to all the interested parties, including the fifth respondent. The entire exercise shall be undertaken by the fourth respondent within a
period of twelve weeks.
There shall be no order as to costs. Consequently, W.M.P.No.27391 of 2024 is closed.
(D.K.K., ACJ.) (P.B.B, J.) 30.08.2024 Index :
Yes/No NC :
Yes/No sasi To:
1.The District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai, Tamil Nadu-600 001.
2.The Revenue District Officer, Near the Tamilnadu Dr. MGR Medical University, Anna Salai, Guindy, Chennai-600 032.
3.The Tashildhar, Land Survey Department, Tashildhar Office, Sholinganallur Taluk, Kanchipuram-600 119.
4.The Executive Officer, Town Panchayat, Kovilambakkam, Chennai-600 117.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) 30.08.2024