Mullai Nagar Residents Welfare Association v. Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Mullai Nagar Residents Welfare Association, rep. by its President R.George, No.19, Second Cross, Mullai Nagar, Orleanpet, Puducherry-605 005.
.. Petitioner Vs 1.The Chief Secretary, Chief Secretariat, 2.The Collector cum Revenue Secretary, 3.The Director, Local Administration Department, 4.The Commissioner, Puducherry Municipality,
5.The Sub Divisional Magistrate (North) cum Chairman of Inter Departmental Task Force, 6.K.Mani 7.Jothi 8.G.Ravi 9.Elavarasi 10.K.Vijayakumar 11.B.Vikram 12.Subramanian 13.Porkilai 14.Kasthuri .. Respondents (Respondents 6 to 14 impleaded as per order dated 11.10.2018 in WMP No No.31427 of 2018) Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to take eviction proceedings against the 16 encroachments, directing the fourth respondent to evict the encroachments in T.S.No.1/15/137, T.S.No.1/16/77 and T.S.No.1/13/54 of Pudupalayam Revenue Village as directed by the fifth respondent in his letter dated 09.02.2017 No.8153/SDM(N)/A3/2015.
For the Petitioner : Mr.M.Gnanasekar For the Respondents : Mr.S.Raveekumar Govt. Pleader (Puducherry) for respondents 1 to 5
: Ms.P.Veena Suresh for respondent Nos.6, 9, 13 and 14 : RR7, 8, 10, 12 - Not Ready in Notice : R11 - Died
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.Gnanasekar, learned counsel for the petitioner; Mr.S.Raveekumar, learned Government Pleader (Puducherry) for respondents 1 to 5; and, Ms.P.Veena Suresh, learned counsel for respondents 6, 9, 13 and 14.
2. Learned Government Pleader (Puducherry) submits that the channel is running behind built houses and the encroachments are in the back yard of the houses. Many house owners object to enter their house and measure the encroachment. The surveyors are again doing the survey works which may be completed within twenty days. It is further submitted by learned Government
Pleader (Puducherry) that after completing the survey works, action will be taken to issue notice in Form A to all the encroachers as per the Pondicherry Municipality Act.
3. As the process is being undertaken by the respondent authorities, the respondent authorities shall take the process to its logical end.
4. With these observations, the writ petition stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 26.09.2023 Index :
Yes/No Yes/No bbr
To:
1.The Chief Secretary, Chief Secretariat, 2.The Collector cum Revenue Secretary, 3.The Director, Local Administration Department, 4.The Commissioner, Puducheryrry Municipality, 5.The Sub Divisional Magistrate (North) cum Chairman of Inter Departmental Task Force,
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
bbr 26.09.2023