Madras High CourtWP/26518/2017disposed of

S. Vijay Ram Vincent v. The Collector

2023-09-12Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1 S. Vijay Ram Vincent 2 Srinivasa Rao 3 Chandar Fernando 4 Augustine 5 Sukumar 6 Daniel 7 Suresh 8 C. Prakash .. Petitioners Vs 1 The Collector Kanchipuram Collectorate Kanchipuram - 631 501.

2 The Additional Personal Assistant (land) Kanchipuram Collectorate Kanchipuram - 631 501.

3 The Chairman/ Member Secretary Chennai Metropolitan Development Authority 1, Gandhi Irwin Road, Egmore Chennai - 08.

4 The District Revenue Officer Collectorate Office, Kanchipuram.

5 The Revenue Divisional Officer Tambaram Taluk Taluk Office Complex Chennai - 45.

6 The Tahsildar 1 Rajiv Gandhi Salai Sholinganallur Chennai - 119.

7 The Block Development Officer St Thomas Mount Panchayat Union No.1 Chitlapakkam 1st Main Road Chitlapakkam, Chennai - 64.

8 The Revenue Inspector (land) Medawakkam Circle Chennai - 100.

9 The Village Administrative Officer Sithalapakkam Village, Chennai - 126.

10 The Secretary Sithalapakkam First Grade Panchayat Chennai - 126.

11 The President Jubilee Flats Owners & Residents Association 122/17 Jublilee Flats No.7 B-Block Sithalapakkam Kancheepuram - 126.

12 The Secretary St. Antonys Church Sithalapakkam Village Chennai - 126

13 The Commissioner Commissioner of Panchayat Union Sithalapakkam Village, Chennai - 126.

14 The Inspector of Police S10 Pallikaranai Police Station Chennai.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus based on the petitioner's representations and the respondents direction/orders to remove the encroachment of the 12th respondent in Open Space Reservation Area i.e. Jubilee Flats Park and land for an extent of 10566 sq.ft. situated Near Jubilee flats, Sithalapakkam, Chennai - 600 126, more fully described in registered document (Gift deed) No.4122/2000 dated 28.08.2000 before S.R.O. Tambaram. For the Petitioners : No appearance For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 1,2, 4 to 9, 13 and 14 : Ms.P.Veena Suresh for 3rd respondent : Not ready in Notice for respondents 10 to 12

ORDER

(Order of the court was made by the Hon'ble Chief Justice) None appears for the petitioners.

We have heard Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondents 1, 2, 4 to 9, 13 and 14; and Ms.P.Veena Suresh, learned counsel for the third respondent.

2. Learned State Government Pleader, on the basis of the communication issued by the Tahsildar, submits that the land in Survey No.37/23 admeasuring 0.70 hectares has been recorded as Patta No.1724 in the name of B.M.Jharge and others and area to the extent of 10556 sq.ft. from Survey No.37/23 is gifted to the President, St. Thamas Union for the purpose of Open Space Reservation. The survey was conducted on 28.7.2023. The land is encroached.

3. Learned State Government Pleader submits that, in the

light of the aforesaid survey report, further action would be taken by the respondent authorities in accordance with law. In view of the above statement made by learned State Government Pleader, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.28995 of 2017 is closed. W.M.P.No.28235 of 2017 filed by the petitioners to file a writ petition jointly is allowed and disposed of. (S.V.G., CJ.) (P.D.A., J.) 12.09.2023 Index :

Yes/No Yes/No sasi To:

1 The Collector Kanchipuram Collectorate Kanchipuram - 631 501.