Madras High CourtWP/17276/2017disposed of

Mr.K.Stalin @ Vinoth, v. The District Collector

2023-10-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Stalin @ Vinoth ..

Petitioner Vs.

1. The District Collector - Kanchipuram District Collectorate Compound Vandavasi Road Kanchipuram Head Office Kanchipuram 631 501.

2. The Commissioner Chennai Metropolitan Development Authority No.9, Gandhi Irwin Rd, Egmore Chennai, Tamil Nadu 600 008.

3. The Block Development Officer St. Thomas Mount Panchayat Union No.1, Near Chrompet Bridge Chitlapakkam 1st Main Road Chitlapakkam, Chennai 600 064.

4. The Tahsildar Sholinganallur Taluk, Sholinganallur Chennai, Tamil Nadu 600 119.

5. The President Perumbakkam Panchayat No.2/810, Mambakkam Main Road Medavakkam, Chennai 600 100.

6. K.S.Ravikumar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the authorities to take immediate steps to remove the un-approved multistoried building and other encroachments made in the reserved Park site and 20 Feet Public Road in the Chennai Metropolitan Development Authority Approved Layout namely Rukmani nagar situated in Old Survey No.429/2C.

For the Petitioner : Mr.A.Prakash For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 & 4 Ms.P.Veena Suresh for Respondent-2 Mr.K.Venkateswaran for Respondent-6

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Prakash, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 and 4, Ms.P.Veena Suresh, learned counsel for the

second respondent and Mr.K.Venkateswaran, learned counsel for the sixth respondent.

2. The facts are not clear from the record. The petitioner alleges encroachment on the part of the sixth respondent on a land reserved for park. The petitioner has, by registered post, forwarded complaint.

3. Learned counsel for the petitioner submits that the said land is still included under the Panchayat Union.

4. In case the said land is included under the Panchayat Union, then, the petitioner may make a complaint/representation to the said Panchayat Union. The Panchayat Union shall, after considering the complaint/representation of the petitioner and also after considering the stand of the sixth respondent herein, may decide the said complaint/representation on its own merits and in accordance with law, expeditiously, preferably within six months from the date the petitioner files a complaint/representation.

5. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 11.10.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector - Kanchipuram District Collectorate Compound Vandavasi Road, Kanchipuram Head Office Kanchipuram 631 501.

2. The Commissioner Chennai Metropolitan Development Authority No.9, Gandhi Irwin Rd, Egmore Chennai, Tamil Nadu 600 008.

3. The Block Development Officer St. Thomas Mount Panchayat Union No.1, Near Chrompet Bridge Chitlapakkam 1st Main Road Chitlapakkam, Chennai 600 064.

4. The Tahsildar Sholinganallur Taluk, Sholinganallur Chennai, Tamil Nadu 600 119.

5. The President Perumbakkam Panchayat No.2/810, Mambakkam Main Road Medavakkam, Chennai 600 100.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 11.10.2023