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Madras High CourtWP/26728/2024disposed of

R.Mahendran @ Raj Mahendra Pranav v. The District Collector

2024-10-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN R.Mahendran @ Raj Mahendra Pranav ... Petitioner Vs.

1.The District Collector, O/o.Collector Office, Chengalpattu, Chengalpattu District.

2.The Commissioner, Tambaram Corporation, No.28, Muthuranga Mudali Street, West Tambaram, Chennai - 600 045.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to remove the garbage and to restore back the peace of land admeasuring 2175 sq.ft. to the petitioner.

For Petitioner :

Mr.R.Sathyamoorthy For Respondents :

Mr.C.Kathiravan, Special Government Pleader for R1 Mr.P.Srinivas, Standing Counsel 1/4

for R2

ORDER

This Writ Petition has been filed for a direction, directing the second respondent to remove the garbage and to restore the peace of land admeasuring to an extent of 2175 sq.ft. belongs to the petitioner.

2. The petitioner owned property comprised in S.No.152/2 situated at Thirumurugan Nagar, Plot No.17, admeasuring an extent of 2175 sq.ft. at Tambaram Municipality. While being so, the second respondent encroached the said property and using it as garbage dumb. Therefore, the petitioner submitted a representation to restore the subject land in his favour.

3. Learned counsel for the respondents has submitted that no land has been encroached and only after survey of the subject property, it can be found out whether there is any encroachment.

4. In view of the above, the first respondent is directed to survey the petitioner's land as per the sale deed dated 27.03.1998 registered vide Doc.No.1663 of 1998 executed by one Kokila and if any encroachment by 2/4

the second respondent, the first respondent is directed to take appropriate action to restore the petitioner's land and handover the same to the petitioner in its original position within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is disposed of. No Costs. 18.10.2024 Index : Yes/No Speaking Order : Yes / No ab To 1.The District Collector, O/o.Collector Office, Chengalpattu, Chengalpattu District.

2.The Commissioner, Tambaram Corporation, No.28, Muthuranga Mudali Street, West Tambaram, Chennai - 600 045.

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G.K. ILANTHIRAIYAN. J., ab 18.10.2024 4/4