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Madras High CourtWP/28710/2023disposed of

J.Himabindhu v. The Assistant Engineer, Wrd

2023-10-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2023 CORAM :

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

Petitioner Vs.

The Assistant Engineer, WRD Adayar Irrigation Section St. Thomas Mount Chennai 16.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records pertaining to the impugned notice issued by the respondent in Form III dated 07.08.2023 and quash the same.

For the Petitioner : Mr.G.Karthikeyan Senior Counsel For Ms.A.Jagadeeswari For the Respondent : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.G.Karthikeyan, learned Senior Counsel for Ms.A.Jagadeeswari, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondent.

2. Learned Senior Counsel for the petitioner submits that the petitioner is not concerned with S.No.110, Madhanandhapuram Village, Alandur Taluk. She is the owner and possessor of S.No.109. However, the notice directing to remove the encroachment from S.No.110 is issued to the petitioner.

3. Learned State Government Pleader submits that the respondent authority would not be taking action in respect of the construction and/or the premises in S.No.109. They would be restricting their action only to S.No.110.

4. As the action is being restricted to S.No.110 and the petitioner is not at all concerned with S.No.110, it is not necessary to pass any further order in the matter. However, the petitioner may file reply to the said notice within seven days from today to clarify her stand.

5. In the light of that, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.28275 and 28277 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 09.10.2023 Index :

Yes/No :

Yes/No kpl To The Assistant Engineer, WRD Adayar Irrigation Section St. Thomas Mount Chennai 16.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 09.10.2023