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Madras High CourtWP/29586/2024disposed of

S.R.Gurunathan.Mc v. The Managing Director

2024-10-01Honourable The Chief Justice,Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR S.R.GURUNATHAN .. Petitioner Vs

1. THE MANAGING DIRECTOR URBAN HABITAT DEVELOPMENT BOARD, KAMARAJAR SALAI, CHENNAI.

2. THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTORATE, CHENGALPET DISTRICT.

3. THE TAHSILDAR OFFICE OF THE TAHSILDAR OFFICE, VANDALUR, CHENGALPET DISTRICT.

4. THE SUPERINTENDENT ARCHAEOLOGICAL ENGINEER, FORT ST.GEORGE, CHENNAI-600 009.

5. THE VILLAGE ADMINISTRATIVE OFFICER MELAKOTTAIYUR VILLAGE, VANDALUR TALUK, CHENGALPET DISTRICT.

..

Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents, their men and agents or any person acting under them or on their behalf from disturbing and evicting the 350 families from Survey No.171, Melakottaiyur Village, Vandalur Taluk, Chengalpet District.

For Petitioner : Mr.C.A.Diwakar for M/s.S.Seenuvasan For Respondents : Mr.S.Karthikeyan Standing Counsel for 1st respondent : Mr.A.Edwin Prabakar State Government Pleader for respondents 2 to 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petition is to restrain respondents from evicting approximately 350 families residing in Survey No.171 in Chengalpet District, Vandalur Taluk, Melakottaiyur Village.

2. Mr.A.Edwin Prabakar, learned State Government Pleader, says that he has instructions to state that Survey No.171 is sub-divided into two parts, i.e., Survey Nos.171/1 and 171/2. These 350 families are encroachers in Survey No.171/1.

3. Learned State Government Pleader states that in Survey No.171/2 there are no encroachments and steps are being taken by the Tamil Nadu Urban Habitat Development Board to construct 756 houses under the Pradhan Mantri Awas Yojana Scheme.

4. Learned State Government Pleader states that, so far as Survey No.171/1 is concerned, at present no action is being taken. Learned counsel states that as and when it is decided to develop Survey No.171/1, due process will be followed in accordance with law.

5. Mr.S.Karthikeyan, learned counsel for first respondent, has also placed on record a communication dated 30.9.2024 from the Executive Engineer, Tamil Nadu Urban Habitat Development Board, which confirms what was submitted by learned State Government Pleader.

6. In view of the statement made by learned State Government Pleader and learned counsel for first respondent, the writ petition is disposed of. There shall be no order as to costs. Consequently,

W.M.P.No.32244 of 2024 is closed.

(K.R.SHRIRAM, CJ) (D.KRISHNAKUMAR,J.) 01.10.2024 Index :

Yes/No NC :

Yes/No sasi To:

1. THE MANAGING DIRECTOR URBAN HABITAT DEVELOPMENT BOARD, KAMARAJAR SALAI, CHENNAI.

2. THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTORATE, CHENGALPET DISTRICT.

3. THE TAHSILDAR OFFICE OF THE TAHSILDAR OFFICE, VANDALUR, CHENGALPET DISTRICT.

4. THE SUPERINTENDENT ARCHAEOLOGICAL ENGINEER, FORT ST.GEORGE, CHENNAI-600 009.

5. THE VILLAGE ADMINISTRATIVE OFFICER MELAKOTTAIYUR VILLAGE, VANDALUR TALUK, CHENGALPET DISTRICT.

THE HON'BLE CHIEF JUSTICE AND D.KRISHNAKUMAR,J.

(sasi)

01.10.2024