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Madras High CourtWP(MD)/2840/2020disposed of

Nalini Thompson v. The Chairman

2023-03-30Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Nalini Thompson .. Petitioner Vs.

1.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai-600 005.

2.The Executive Engineer and Administrative Officer, Tirunelveli Slum Clearance Board, Tirunelveli Division, N.G.O.P.Colony Extension, Perumalpuram, Tirunelveli-627 011.

3.The Deputy Block Development Officer (Panchayats), Office of Tuticorin Panchayat Union, Pudukottai-628 103, Tuticorin District.

4.The Executive Officer, Mappillaiyoorani Panchayat, Pudukottai, Tuticorin-628 103.

5.Murugesan 6.Kulanthai Antony Xavier .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing respondents 1 to 4 to deliver the actual, physical and vacant possession of the land to an extent of 196.25 sq.meter bearing Plot No.3, in Mappillaiyoorani Part-I, under the Higher Income Category covered under the sale deed dated 12.06.2019 registered as Document No.2467 of 2019, and as per the plan annexed thereto after removing the encroachments made by respondents 5 and 6 therein and by demolishing all the constructions put up by them now, bearing Door No.7/560-2, South Savariarpuram, Mappillaiyoorani, Tuticorin District, within the time frame as may be fixed by this Court. For Petitioner :

Ms.P.Jessi Jeeva Priya For RR1 & 2 :

Ms.S.Latha Standing Counsel For R3 :

Mr.D.Ghandiraj Special Government Pleader For RR5 & 6 :

Mr.S.C.Herold Singh

ORDER

This Writ Petition is filed for issue of a Writ of Mandamus directing respondents 1 to 4 to deliver the actual, physical and vacant possession of the land to an extent of 196.25 sq.meter bearing Plot No.3, in Mappillaiyoorani Part-I, under the Higher Income Category covered under the sale deed dated 12.06.2019 registered as Document No.2467 of 2019, and as per the plan annexed thereto after removing the encroachments made by respondents 5 and 6 therein and by demolishing all the constructions put up by them now, bearing Door No.7/560-2, South Savariarpuram, Mappillaiyoorani, Tuticorin District.

2. Today, when the matter is taken up for hearing, a notice of the Administrative Engineer, Tirunelveli Division, dated 22.03.2023 addressed to the fifth respondent has been produced, wherein the fifth respondent was directed to remove the encroachment within a period of one week from the date of notice.

3. In the light of the above notice, no further order is required in this writ petition and the same is accordingly, disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai-600 005.

2.The Executive Engineer and Administrative Officer, Tirunelveli Slum Clearance Board, Tirunelveli Division, N.G.O.P.Colony Extension, Perumalpuram, Tirunelveli-627 011.

3.The Deputy Block Development Officer (Panchayats), Office of Tuticorin Panchayat Union, Pudukottai-628 103, Tuticorin District.

P.T.ASHA, J.

abr Dated: 30.03.2023