G.Vaithiyalingam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Vaithiyalingam .. Petitioner vs 1.The District Collector, Rajaji Salai, Chennai-600 001.
2.The Zonal Executive Engineer, Corporation of Chennai, Zone X, No.64, N.S.K. Salai, Kodambakkam, Chennai-600 024.
3.The Tahsildar, Mambalam Taluk Office, Ashok Pillar, Chennai-600 078.
4.The Executive Officer, Vadapalani Murugan Koil, Vadapalani, Chennai-600 026.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents to consider and dispose of the petitioner's representation dated 21.5.2019 consequently to direct the 4th respondent to remove the encroacher of illegal occupiers of the property comprised in Survey No.9 and 11 and Corporation Block No.16 bearing Door No.7A, Raja Street, Devaraj Nagar, Saligramam, Chennai-93. For the Petitioner : Mr.M.Chidambaram (Died) represented by Mr.S.Srinivasan For the Respondents : Mr.T.K.Sampath Kumar Government Advocate for respondents 1 and 3 : Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR&CE) for respondent No.4 : No appearance for respondent No.2
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Mr.S.Srinivasan, learned counsel, submits that the petitioner's counsel Mr.M.Chidambaram has expired and he has no instructions
in the matter.
2. Heard Mr.T.K.Sampath Kumar, learned Government Advocate for respondents 1 and 3, and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondent No.4.
3. Learned Special Government Pleader (HR & CE) appearing for the fourth respondent submits that as per the directions of this Court in its order dated 12.4.2023 in W.P.No.43165 of 2016, the land comprised in Block No.16, T.S.Nos.9 and 10 measuring 1.92 acres belonging to Arulmigu Vadapalani Andavar Thirukoil was surveyed and demarcated, and boundary stones were planted in the presence of the Deputy Commissioner/Executive Officer on 25.4.2023.
4. The aforesaid serves one part of the representation of the petitioner.
5. The other part of the representation dated 21.5.2019 filed by the petitioner to the authority is qua a personal dispute. The
petitioner is alleging encroachment over his private property. In that event, the petitioner has a remedy before the civil court or such other forum.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
7. In view of the disposal of the writ petition, W.M.P.No.29726 of 2019 filed by the petitioner to implead M.Boopathi as fifth respondent is closed.
(S.V.G., CJ.) (D.B.C., J.) 07.12.2023 Index :
Yes/No Yes/No bbr
To 1.The District Collector, Rajaji Salai, Chennai-600 001.
2.The Zonal Executive Engineer, Corporation of Chennai, Zone X, No.64, N.S.K. Salai, Kodambakkam, Chennai-600 024.
3.The Tahsildar, Mambalam Taluk Office, Ashok Pillar, Chennai-600 078.
4.The Executive Officer, Vadapalani Murugan Koil, Vadapalani, Chennai-600 026.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 07.12.2023