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Madras High CourtWP(MD)/9985/2020disposed of

Ponnangan v. The District Collector

2023-06-13Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Ponnangan ... Petitioner /vs./ 1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer, Anthanallur Union, Anthanallur, Trichy District.

3.The President, Kambarasampettai Panchayat, Trichy District.

4.The Chief Engineer, TANGEDCO, Trichy 17.

5.The Executive Engineer, Operate and Maintenance, TANGEDCO, Trichy 17.

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6.The Assistant Engineer, E.Ka/Chinthamani Division, TANGEDCO, Thennur, Trichy 17.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to cancel the electricity connection given as Housing Sites to the property situated in SF.No.146/5 B2 Plot No.13 in Kambarasempettai Village, Trichy District, which is declared as an agricultural land.

For Petitioner : M/s.K.Pandi Priya For R1 & R2 : Mr.A.Sivanupandian Government Advocate For R4 to R6 : Mr.S.Deenadhayalan Standing Counsel

ORDER

The above writ petition is filed for the issue of a Writ of Mandamus directing the respondents to cancel the electricity connection given to the property in S.F.No.146/5 B2, Plot No.13 at Kambarasempettai Village, Trichy District. 2/5

2.It is stated that an appeal is now pending on the file of the second respondent/the Assistant Director/Member Secretary, Town and Local Planning Office, Trichirappalli District, which is filed by one of the alleged encroachers. 3.In the light of the above, this Writ Petition is disposed of with a direction that the petitioner herein shall also be made a party to the appeal proceedings by the first respondent and he should be given an opportunity to participate in the proceedings. It is informed by Mr.A.Sivanupandian, learned Government Advocate that steps have been taken to remove the unauthorized construction as against which W.P.(MD) No.24016 of 2022 was filed, in which this Court had directed the parties to workout their remedy in the appeal before the Assistant Director/Member Secretary, Town and Local Planning Office, Trichirappalli District. However, there shall be no order as to costs. Speaking : Yes / No 13.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer, Anthanallur Union, Anthanallur, Trichy District.

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P.T.ASHA, J.

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