K.Radhakrishnan v. District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.32603 of 2019 & W.M.P.No.32982 of 2019 K.Radhakrishnan ... Petitioner -Versus1.District Collector, First Floor, Collectorate, Tiruvallur - 602 001.
2.Superintendent of Police, Master Plan Complex, Tiruvallur - 602 001.
3.Sub-Registrar, Sub-Registrar's Office, Tiruttani, 31, Gandhi Road, Taluk Office, 4.K.Prabhavathi 5.K.M.Santhosh Kumar 6.Eswara Rao 7.Jayasekar 8.District Registrar, District Registrar's Office, 201, J.N.Road, Taluk Office Compound, Thiruvallur - 602 001.
9.The Commissioner, Tiruttani Municipality, (R9 Suo-Mottu impleaded as per order dated 12.03.2020 made in W.P.32603/2019) ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing to the 1st and 2nd Respondent to immediately stop the illegal construction of statutes of late Chief Ministers, Thiru.M.G.Ramachandran Selvi J.Jayalalitha Encroachment on vacant Government land as well as in Plot - 37 in Bharatiar Street, Subramania Nagar, Tiruttani - 631 209 and ensure that no structures are illegally erected on the aforesaid lands and directing the 8th Respondent to cancel the forged documents on the file of 3rd Respondent in Doc.No.1025 of 2014 by which 4th Respondent made a forged Settlement Deed in favour of 5th respondent in Survey No.94/1A and 94/1B, Doc.No.2547 of 2016 by which the 5th Respondent executed a power of attorney in favour of 6th Respondent and Doc.No.4827 of 2018 by which the 6th respondent entered into the sale deed to 7th Respondent.
For Petitioner .. Mr.N.R.Elango, Senior Counsel for Mr.E.Raj Thilak For Respondents .. Mr.G.K.Muthukumar Special Government Pleader for RR1 to 3 & 8 .. Mr.N.Manokaran for RR4 & 5 .. Mr.K.Dhananjeyan for R7 .. No appearance for RR6 & 9
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) This public interest litigation has been filed by the petitioner seeking a direction to the respondents 1 and 2 to stop the alleged illegal constructions of the statue
2. After making the submissions on merits, the learned Senior Counsel submitted that it would suffice if the Tahsildar, Tiruttani, Tiruvallur District, is directed to take a call pursuant to the reply sent by him on 10.10.2019 asking the petitioner to produce the proof in support of the complaint made by him.
3. In view of the above, without expressing anything on merits, we direct the Tahsildar, Tiruttani, Tiruvallulr District, to pass appropriate final orders pursuant to the communication sent to the petitioner dated 10.10.2019 within a period of six weeks from the date of receipt of a copy of this order.
4. The petitioner is at liberty to submit his reply to the communication of the Tahsildar dated 10.10.2019 within two weeks
from the date of receipt of this order to substantiate his case. The Tahsildar, Tiruttani, is expected to hear all the parties before any final decision is taken.
This writ petition is disposed of accordingly with the above directions. No costs. Consequently, connected WMP is closed. (M.M.S., J.) (R.H., J.) 23.07.2020 raa/kmk To 1.District Collector, First Floor, Collectorate, Tiruvallur - 602 001.
2.Superintendent of Police, Master Plan Complex, Tiruvallur - 602 001.
3.Sub-Registrar, Sub-Registrar's Office, Tiruttani, 31, Gandhi Road, Taluk Office, 4.The Commissioner, Tiruttani Municipality,
M.M.SUNDRESH, J.
R.HEMALATHA,J.
raa/kmk W.P.No.32603 of 2019 23.07.2020