Chinnammal,W/O.Marimuthu v. The Managing Director/Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Chinnammal ... Petitioner vs.

1.The Managing Director / Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai - 600 005.

2.The District Collector, Pudukottai District, Pudukottai.

3.The Executive Engineer, Slum Clearance Board, Trichy Division.

4.The Tahsildar, Pudukottai Taluk, Pudukottai District.

5.G.Ananthan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third 1/5

respondent to remove the encroachment made by the fifth respondent on the East and West of Plot No.19, Balan Nagar in Survey No.95/6, 9A Nathampannai Village, Pudukottai and resume the possession of the same as a road.

For Petitioner : Mr.Babu Rajendran For RR 1 & 3 : Mrs.P.Latha Standing Counsel For RR 2 & 4 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the third respondent to remove the encroachment made by the fifth respondent on the East and West of Plot No.19, Balan Nagar in Survey No.95/6, 9A Nathampannai Village, Pudukottai, and resume the possession of the same as a road.

2. Seeking removal of encroachment made by the fifth respondent, the petitioner submitted a representation, dated 09.09.2015, before the third respondent. Since the same has not been considered so far, the petitioner has filed the present Writ Petition. 2/5

3. The learned standing counsel appearing for the respondents 1 and 3 fairly submitted that if there is any encroachment as pointed out by the petitioner, the same will be removed by following due process of law within a time frame fixed by this Court.

4. In view of the above, the respondents 1 & 3 are directed to consider the representation of the petitioner, dated 09.09.2015 and conduct a survey in the place in question. If there is any encroachment, the same shall be removed by following due process of law, after affording due opportunity of hearing to the petitioner as well as all the parties concerned including the fifth respondent. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5.The Writ Petition is disposed of with the above direction. No costs.

[R.M.D.,J.] & [J.S.N.P.,J.] 15.09.2022 Index : Yes / No Internet : Yes ps 3/5

To 1.The Managing Director / Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai - 600 005.

2.The District Collector, Pudukottai District, Pudukottai.

3.The Executive Engineer, Slum Clearance Board, Trichy Division.

4.The Tahsildar, Pudukottai Taluk, Pudukottai District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN 15.09.2022 5/5