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Madras High CourtWP/28218/2017closed

Sri R.Hari Ganesh v. Govt. Of Tamil Nadu,

2022-06-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.28218 of 2017 And W.M.P.No.30338 of 2017 1.R.Hari Ganesh 2.R.Kulothungan 3.S.Jayanthi 4.R.Prabhu 5.N.Ananth 6.Sowmya 7.S.Mahesh Anand 8.A.Loganathan 9.K.S.Swaminathan 10.Kasthuri Swaminathan 11.K.Satheesh 12.Waheeda Taj 13.N.Mala 14.N.Radha Ramana 15.P.Ranganathan 16.R.Sundaram 17.Venkateeswaralu 18.Ezhilarasan ... Petitioners Vs.

1. Govt. of Tamil Nadu Rep. by Secretary to Govt., Highways Department, Fort St. George, Chennai - 600 009.

2. The Collector of Chennai, First Line Beach Road, Chennai - 600 001.

3. The Special Tahsildar (L.A.) Highways, Mambalam - Guindy Taluk, Taluk Office Complex, Ashok Nagar, Chennai.

4. The Divisional Engineer Highways (Project I), Highways Department Govt. of Tamil Nadu, Chennai - 600 016.

5.Jai Shankar 6.Uma Muthulakshmi 7.R.S.Ramanujam 8.E.Krishna Reddy ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 1 to 4 from forcibly dispossessing the petitioners from their land at Survey No. 249/2A, Krishna Park Avenue, No.37-D, VelacherryTambaram Main Road, Velacherry, Chennai - 42 to an extent of approximately 300 sq. ft. inside the petitioners' Apartment complex wherein the basic amenities like RO treatment plant, Metro water Sump, Motor Room etc. are located, without following the due process of law.

For Petitioners : Ms.S.Rathi For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The petitioners have filed this writ petition seeking issuance of Writ of Mandamus forbearing the respondents 1 to 4 from forcibly dispossessing the petitioners from their land at Survey No.249/2A, Krishna Park Avenue, No.37-D, VelacherryTambaram Main Road, Velacherry, Chennai - 42, to an extent of approximately 300 sq.ft. inside the petitioners' Apartment complex wherein the basic amenities like RO treatment plant, Metro water Sump, Motor Room etc. are located, without following the due process of law.

2.The learned counsel appearing for the petitioners submitted that the respondents, without due process of law, are taking steps to evict the petitioners.

3.The learned Special Government Pleader appearing for the Official respondents submitted that without due process of law, the petitioners possession will not be disturbed.

4.Recording the submissions made by the learned Special Government Pleader appearing for the Official respondents, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar pri To

1. The Secretary to Govt., Highways Department, Fort St. George, Chennai - 600 009.

2. The Collector of Chennai, First Line Beach Road, Chennai - 600 001.

3. The Special Tahsildar (L.A.) Highways, Mambalam - Guindy Taluk, Taluk Office Complex, Ashok Nagar, Chennai.

4. The Divisional Engineer Highways (Project I), Highways Department Govt. of Tamil Nadu, Chennai - 600 016.

+1cc to Ms.S.Rathi, Advocate, S.R.No.37405 +1cc to the Government Pleader, S.R.No.37409 W.P.No.28218 of 2017 And W.M.P.No.30338 of 2017 SMI(CO) CT/05/07/2022