D.Haribabu v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-12-2024
CORAM
THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY & W.M.P.No.39929 of 2024 D.HARIBABU ..
PETITIONER Vs
1. THE ASSISTANT ENGINEER WATER RESOURCES DEPARTMENT IRRIGATION DIVISION, ARAKKONAM RANIPET DISTRICT.
2. THE DISTRICT COLLECTOR RANIPET DISTRICT, RANIPET-631 001.
3. THE REVENUE DIVISIONAL OFFICER ARAKONAM REVENUE DIVISION, ARAKKONAM, RANIPET DISTRICT.
4. THE COMMISSIONER, ARAKKONAM MUNICIPALITY ARAKKONAM 631 001, RANIPET DISTRICT.
5. THE TAHSILDAR ARAKKONAM TALUK ARAKKONAM 631 001.
6. BALASUBRAMANI
7. SATHISHBABU
8. LALLI
9. SARATHKUMAR 10.CHINNAMMAL 11.V.SANTHI 12.VENKATABATHI ..
RESPONDENTS PRAYER: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the record relating to the impugned order dated 15.11.2024 passed by the 1 st respondent vide letter vide Ko.No.34/U.PO/Arakonnam/2024 dated 15.11.2024 and quash the same.
For Petitioner(s):
V.BALASUBRAMANI For Respondent(s):
MR.A.EDWIN PRABAKAR STATE GOVERNMENT PLEADER ASSISTED BY MR.HABEEB RAHMAN GOVERNMENT ADVOCATE FOR RESPONDENTS 1 TO 5
ORDER
(Order of the Court was made by the Hon'ble The Chief Justice) At the request of petitioner's counsel who stated that the demolition squad had already reached the petitioner's house this morning, we decided to take up the petition for hearing at 2.15 p.m.
2. Petitioner's counsel, on instructions from petitioner through his son H.Balasubramani, who is present in Court and identified by him, undertakes to vacate the premises by 24.12.2024. Counsel further states that he had spoken to petitioner who had specifically instructed him to give undertaking to vacate by 24.12.2024. The statement of counsel is accepted.
3. Counsel also states that he explained to petitioner all these facts in Tamil language and petitioner gave him all instructions after fully understanding the matter.
4. If petitioner does not vacate by close of business on 24.12.2024, the authorities may immediately take action on the following day itself to evict petitioner and remove the encroachments. The authorities shall not be cowed down by any influential person directing them not to take action. Failure to obey this order may also lead to contempt proceedings being initiated against the authorities.
5. The writ petition is disposed of. There shall be no order as to costs. Consequently, the interim application also stands disposed of. (K.R.SHRIRAM, C.J) (SENTHILKUMAR RAMAMOORTHY J.) 03-12-2024 Index :
Yes/No :
Yes/No kpl To
1. THE ASSISTANT ENGINEER WATER RESOURCES DEPARTMENT IRRIGATION DIVISION, ARAKKONAM RANIPET DISTRICT.
2. THE DISTRICT COLLECTOR RANIPET DISTRICT, RANIPET-631 001.
3. THE REVENUE DIVISIONAL OFFICER ARAKONAM REVENUE DIVISION, ARAKKONAM, RANIPET DISTRICT.
4. THE COMMISSIONER, ARAKKONAM MUNICIPALITY ARAKKONAM 631 001, RANIPET DISTRICT.
5. THE TAHSILDAR ARAKKONAM TALUK, ARAKKONAM 631 001.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(kpl) 03.12.2024