Madras High CourtWP/582/2023disposed of

C.Alamelu Mangai v. The Principal Secretary To Government

2023-07-03Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU C.Alamelu Mangai ..

Petitioner Vs.

1. The Principal Secretary to Government Department of Highways and Minor Ports Government of Tamilnadu Chennai.

2. The District Collector District Collectorate

3. Executive Officer Vannipakkam Village Ponneri Taluk

4. Executive Officer Anuppampattu Village Ponneri Taluk

5. Assistant Divisional Engineer (H) Ponneri Sub Division Ponneri Taluk ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the second respondent to consider the petitioner's representation dated 27.10.2022 and consequently, direct the respondents to instruct his officials namely the respondents 3 to 5 herein to remove the illegal encroachments made in the above said Anuppampattu Railway Station State Highways Road and also the adjoining Village Road situate in S.No.176, Vannipakkam Village, Ponneri Taluk, Thiruvallur District immediately.

For the Petitioner : Mr.M.Narayanaswamy For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 & 5 Mr.A.Arun Babu for Respondents 2 to 4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Narayanaswamy, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for the

respondents 1 and 5 and Mr.A.Arun Babu, learned counsel for the respondents 2 to 4.

2. The petitioner seeks a direction to remove the encroachments made in Anuppampattu Railway Station State Highways Road and also the adjoining Village Road situate in S.No.176, Vannipakkam Village, Ponneri Taluk, Thiruvallur District.

3. Learned Special Government Pleader submits that a survey was conducted on 14.06.2023, pursuant to which, a report has been sent by the Tahsildar stating that the land bearing S.No.176, which is adjacent to the land of the petitioner has been classified as Road and Vandi Pathai. It is further stated that encroachments have been identified and steps would be taken in accordance with law.

4. Naturally, steps are to be taken after adhering to the principles of natural justice and as provided under the statute.

5. In view of the communication placed on record, no further

orders are necessary in the present writ petition. The writ petition, as such, stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 03.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The Principal Secretary to Government Department of Highways and Minor Ports Government of Tamilnadu, Chennai.

2. The District Collector District Collectorate

3. Executive Officer Vannipakkam Village Ponneri Taluk, Thiruvallur District.

4. Executive Officer Anuppampattu Village Ponneri Taluk, Thiruvallur District.

5. Assistant Divisional Engineer (H) Ponneri Sub Division Ponneri Taluk, Thiruvallur District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 03.07.2023