Rani Benjamin v. The District Collector

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED : 22.01.2020 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.35928 of 2019 Rani Benjamin ...

Petitioner versus 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Thasildar, Taluk Office, Chengalpet.

3.The Revenue Divisional Officer, Chengalpet.

4.The Block Development Officer, Kattangulathur, Kancheepuram District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to remove the encroachment of children play park area situated in Survey No.310, Kairambedu Village, Chengalpet Taluk, opposite to the petitioner's house at Plot No.123.

For Petitioner :

Mr.K.Sannjay For Respondents:

Mr.E.Balamurugan Special Government Pleader * * * * *

O R D E R

[Order of this Court was made by R.SUBBIAH,J.] The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents to remove the encroachment of children play park area situated in Survey No.310, Kairambedu Village, Chengalpet Taluk, opposite to the petitioner's house at Plot No.123.

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2. The case of the petitioner is that she is owning a house in Plot No.123, at Tamil Selvi Nagar, Kairambedu, Chengalpet Taluk, Kancheepuram District, which is situated in Survey Nos.308/9 and 310/2. It is the further contention of the petitioner that some unknown people have made an encroachments in the said land by constructing huts and they are living there. In this regard, the petitioner has made representation to the respondents, but till date no action was initiated and hence, the petitioner is before this Court with the present Writ Petition.

3. Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader for the respondents and perused the materials available on record.

4. Today, when the matter is taken up for consideration, the learned Special Government Pleader appearing for the respondents submitted that the subject area mentioned in the Writ Petition, namely, Survey Nos.308/9 and 310/2 were occupied by the encroachers by constructing huts and the same were removed. He further submitted that the respondents would prevent further encroachment and maintain the same as Children Play Park Area.

5. Recording the above submission made by the Special Government Pleader appearing for the respondents, this Writ Petition stands closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sri To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Thasildar, Taluk Office, Chengalpet.

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3.The Revenue Divisional Officer, Chengalpet.

4.The Block Development Officer, Kattangulathur, Kancheepuram District.

+1 cc to Mr.K.Sanjay Advocate sr4892 +1 cc to Government Pleader sr5349 W.P.No.35928 of 2019 aa18/02/2020 3/3