M.Subramani v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.7585 of 2025 M.Subramani ... Petitioner Vs.

1.The Director, Directorate of Town and Country Planning, Koyembedu, Chennai - 600 107.

2.The District Collector / Monitoring Committee, Theni District, Theni.

3.The Assistant Director, District Town and Country Planning Office, Door No.446/A, 17th Ward, Nehruji Street, Allinagaram, Theni - 625 531.

4.The Executive Officer, Town Panchayat Office, Thevaram, Theni District.

5.Senthil Kumar ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 25.11.2024, within the stipulated time fixed by this Court. For Petitioner : Mr.A.Arputharaj For Respondents : Ms.P.B.Ahamed Yasmin Parvin Government Advocate for R.1 to R.4 : Mr.Gopalakrishna Lakshmana Raju Senior Counsel for Mr.S.G.L.Rishwanth for R.5

ORDER

Heard both sides.

2.The allegation of the petitioner is that the fifth respondent is trying to encroach Survey No.927, Thevaram Village.

3.The learned Senior Counsel appearing for the fifth respondent categorically asserts that the activities of the fifth respondent are confined to his patta land comprised in (*)Survey No.925/2A and he has nothing to do with Survey No.927. Survey No.927 has been shown as a water body in the revenue record. But unfortunately a road was laid on the water body in the year 2008 by the local body. The road was again relaid under NABARD scheme in the year 2019. 2/4

4.The petitioner does not appear to have raised his little finger when the road was laid for the first time in Survey No.927. 5.Recording the stand of the fifth respondent that he has not encroached in Survey No.927, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- 15.04.2025 (*)Corrected as per order of this Court dated 24.06.2025 made in WP(MD)No.

10192 of 2025 Sd/- Assistant Registrar (CS.I) // True Copy // / /2025 Sub Assistant Registrar (CS-I/II/III/IV) rmi (*)Note:Issue Order Copy on 27.06.2025 To (*)To be substituted to the order already despatched on 12/06/2025 1.The Director, Directorate of Town and Country Planning, Koyembedu, Chennai - 600 107.

2.The District Collector / Monitoring Committee, Theni District, Theni.

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3.The Assistant Director, District Town and Country Planning Office, Door No.446/A, 17th Ward, Nehruji Street, Allinagaram, Theni - 625 531.

4.The Executive Officer, Town Panchayat Office, Thevaram, Theni District.

+1 CC to M/s.S.G.L.RISHWANTH, Advocate ( SR-24811[F] dated 16/04/2025 ) 15.04.2025 SB(04/06/2025) 4P / 6 C SL(27.06.2025)/4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4