M.Panner Selvam 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 M.Panner Selvam ..

Petitioner Vs.

1. The District Collector Chennai Collectorate Office Singaravelar Maligai Rajaji Salai, Chennai 600 001.

2. The Commissioner Greater Chennai Corporation Rippon Building Chennai 600 003.

3. R.Ram Kumar

4. The Tahsildar Mylapore Taluk Chennai 28.

..

Respondents [R4 impleaded vide order dated 30.10.2023]

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 2nd respondent to demolis the superstructure which was constructed unauthorisedly without obtaining planning permission and clear the encroachment made in survey No.1004/30 situated at 2nd Street, MeenambalPuram, Mylapore, Chennai.

For the Petitioner : Mr.D.Suriyanarayanan For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondent-1 Mr.DBR Prabhu for Respondent02 Mr.P.Saranath for Respondent-3

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.D.Suriyanarayanan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the first respondent, Mr.DBR Prabhu, learned counsel for the second respondent and Mr.P.Saranath, learned counsel for the third respondent.

2. Learned State Government Pleader, on the instructions of the Tahsildar, Mylapore Taluk, Chennai, submits that survey was conducted and as per the survey report of the Field Surveyor, the third respondent is in occupation of a portion of the land situate in NorthWest corner of S.No.1004/30. The sketch is also placed on record. It is submitted that the third respondent as well as the petitioner have encroached the Government land.

3. Learned State Government Pleader submits that the authority would now proceed in accordance with law against the petitioner as well as the third respondent expeditiously.

4. In the light of that, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 07.12.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Chennai Collectorate Office Singaravelar Maligai Rajaji Salai, Chennai 600 001.

2. The Commissioner Greater Chennai Corporation Rippon Building Chennai 600 003.

3. The Tahsildar Mylapore Taluk Chennai 28.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 07.12.2023