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Madras High CourtWP/4662/2023disposed of

Umapathy v. The District Collector

2023-02-16Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Mr.Umapathy S/o Varadarajulu ..

Petitioner -vs1. The District Collector Collectorate, Chengalpattu District GST Road, Chengalpattu 603 001

2. The Tahsildar Tambaram Taluk Office GST Road, Tambaram Sanatorium Chennai 600 045

3. The Village Administrative Officer Selaiyur, Chennai 600 056

4. The Commissioner Tambaram Corporation GST Road, Chennai 600 045

5. K.Rani

6. Murugammal W/o Mr.Govindaswamy ..

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 07.01.2021 to remove the illegal occupation made by the respondents 5 and 6 in the Kamaraj Salai and Pond in Survey No.80, Selaiyur, Tambaram East, Chennai 600 056 in accordance with law within the period to be specified by this Hon'ble Court. For Petitioner ::

Mr.K.Venkatachalam For Respondents ::

Mr.P.Muthukumar State Government Pleader for R1 to R4

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking for issuance of a mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 07.01.2021 for removal of the illegal occupation made by the respondents 5 and 6 in Kamaraj Salai and Pond in Survey No.80, Selaiyur, Tambaram East, Chennai 600 056 in accordance with law.

2. Mr.P.Muthukumar, learned State Government Pleader appearing

for the respondents 1 to 4 submitted that the representation made by the petitioner will be looked into by the Commissioner, Tambaram Corporation, the fourth respondent herein and if there is any encroachment found, the same will be removed in accordance with law within a period of six weeks.

3. Placing on record the statement made by the learned State Government Pleader, we dispose of this writ petition with a direction to the Commissioner, Tambaram Corporation, the fourth respondent herein to consider the representation of the petitioner dated 07.01.2021 on merits and if any encroachment is found in the land covered in Survey No.80, Selaiyur, Tambaram East, the same shall be removed, after issuing notice and after hearing the parties concerned, as per law, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 16.02.2023 ss

To

1. The District Collector Collectorate, Chengalpattu District GST Road, Chengalpattu 603 001

2. The Tahsildar Tambaram Taluk Office GST Road, Tambaram Sanatorium Chennai 600 045

3. The Village Administrative Officer Selaiyur, Chennai 600 056

4. The Commissioner Tambaram Corporation GST Road, Chennai 600 045

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

ss 16.02.2023