Madras High CourtSUB APPL/1361/2024dismissed

T.Natarajan, v. C. Umapathy,

2025-04-23Honourable Mr Justice R. Subramanian,Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MS JUSTICE R.N.MANJULA SUB APPL No. 1361 to 1363 of 2024 IN CONT P NO. 769 OF 2024 T.Natarajan, S/o. Late Thammu Naidu, No. 68, Vinayagar Koil Street, Velagapuram Village, Uthukottai Taluk, Thiruvallur District, PIN 602 026.

Applicant(s) in all Sub.A Vs 1.C. Umapathy, S/o. Chokkappa Chetty, No. 1261, V Block, VOC Nagar, Tondiarpet, Chennai 600 081.

2.T.Charusree, I.A.S., The District Collector, Tiruvallur, Tiruvallur District.

Respondent(s) in all Sub.A

For Petitioner:

Mr.P.Dhananjayan For Respondent:

Mr.A.Saravanan ***** COMMON ORDER These applications have been filed seeking to implead the petitioner as 2nd respondent in the contempt petition, to stay the operation of the order passed in W.P.No.13088 of 2023 dated 24.05.2023 and to grant an order of interim injunction.

2. It is the claim of the petitioner that he is the owner of the land which is said to have been encroached upon. In the writ petition the petitioner therein prayed for a Writ of Mandamus directing the 3rd respondent to take action to remove the encroachments in S.No.293/10 Velakapuram Village, Uthukottai Taluk. The Division Bench has only directed the 1st respondent therein viz., the District Collector to conduct a survey and remove the encroachments, if any, found.

3. If and when the Authorities issue notice to the petitioner, it will be open to the petitioner to justify his claim that the land belongs to him and there is no encroachment. If at all the petitioner is aggrieved by the order, it is for him to seek recalling of the order made in W.P.No.13088 of 2023, he cannot seek to implead himself in the contempt petition. Hence, these Sub-Applications are dismissed.

4. List the contempt Petition later.

(R.SUBRAMANINA, J.) (R.N.MANJULA,J.) 23-04-2025 dsa To 1.C. Umapathy, S/o. Chokkappa Chetty, No. 1261, V Block, VOC Nagar, Tondiarpet, Chennai 600 081.

2.T. Charusree, I.A.S., The District Collector, Tiruvallur, Tiruvallur District.

R.SUBRAMANIAN J.

AND R.N.MANJULA J.

dsa SUB APPL No. 1361 to IN CONT P NO. 769 OF 23-04-2025