M/S.Vijayalakshmi Forge And Stamping 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 M/s.Vijayalakshmi Forge and Stamping, Proprietorship concern, rep. by its Proprietor A.Kumar, Plot No.18, 2nd Street, TASS Industrial Estate, .. Petitioner Vs 1.The District Collector, Office of the Chennai District, Singaranvelar Maligai, Chennai-600 001.
2.The Commissioner, Ripon Building, Chennai-600 003.
3.The Revenue Divisional officer, Park Road, Padikuppam Main Road, Anna Nagar West (Extension), Chennai-600 101.
4.The Tahsildar, Ambattur Taluk,
5.The Regional Deputy Commissioner (Central), No.13B, 36B, Pulla Avenue, Shenoy Nagar, Chennai-600 030.
6.The Zonal Officer, Zone-7, Division-19, Greater Chennai Corporation, 7.The Executive Engineer, Zone-7, Division-19, Greater Chennai Corporation, 8.The Assistant Engineer, Zone-7, Division-19, Greater Chennai Corporation, .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation and objections dated 14.8.2024 to Notice No.Zone-7/Enc/Din85/4063/2024 dated 8.7.2024 on the file of the fifth respondent.
For the Petitioner : Mr.Raja Rajan for Mr.N.Saravanan For Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1, 3 and 4 : Mr.E.C.Ramesh Standing Counsel for respondents 2, 5 to 8
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) In response to the notice dated 8.7.2024 issued by the fifth respondent under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, the petitioner sent an representation/explanation on 14.8.2024 requesting the authorities to drop the eviction proceedings and assign the land in question in its favour. No order has been passed by the respondents pursuant to the said explanation. Apprehending that the respondents would take steps to evict the petitioner, the present writ petition is filed to direct the authorities to consider the explanation dated 14.8.2024.
2. Learned counsel for the respondent/Corporation submitted that the portion encroached by the petitioner has already been removed.
3. Learned State Government Pleader submitted that the authorities would consider the representation/explanation dated
14.8.2024 given by the petitioner qua assignment of the land, on merits and in accordance with law, within a time frame stipulated by this court.
4. Considering the narrow scope of the prayer made in the writ petition, without expressing any opinion on the merits of the matter, the respondent authorities are directed to consider the explanation dated 14.8.2024 qua assignment of the writ subject land and pass appropriate orders, 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 writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.27890 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, Office of the Chennai District, Singaranvelar Maligai, Chennai-600 001.
2.The Commissioner, Ripon Building, Chennai-600 003.
3.The Revenue Divisional officer, Park Road, Padikuppam Main Road, Anna Nagar West (Extension), Chennai-600 101.
4.The Tahsildar, Ambattur Taluk, 5.The Regional Deputy Commissioner (Central), No.13B, 36B, Pulla Avenue, Shenoy Nagar, Chennai-600 030.
6.The Zonal Officer, Zone-7, Division-19, Greater Chennai Corporation, 7.The Executive Engineer, Zone-7, Division-19, Greater Chennai Corporation, 8.The Assistant Engineer, Zone-7, Division-19, Greater Chennai Corporation,
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) 30.08.2024