Disposed

A.Umapathi v. The State of Tamilnadu

Madras HC13 Oct 2014WP/27105/2014

Case brief

AI extract

What is this about?

In a writ petition under Article 226 concerning encroachments on government land, the High Court directed the respondents to communicate the result of a pending enquiry within 15 days. The court emphasized that if encroachments were found, statutory action must be taken in accordance with a previous judgment. The writ petition was disposed of with no costs.

What did the court decide?

The respondents were directed to communicate the reasoned result of the enquiry and take necessary action within 15 days.

A.Umapathi Vs The State of Tamilnadu — Land Acquisition | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.10.2014

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CORAM

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The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE

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AND

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The Hon'ble MR.JUSTICE M.SATHYANARAYANAN

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W.P.No.27105 of 2014

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A.Umapathi .. Petitioner vs 1.The State of Tamilnadu, Rep. by the Secretary to Govt., Revenue Department, Secretariat, Chennai. 600 009 2.The District Collector, Kancheepuram District, Kancheepuram. 3.The Tahsildar, Chengleput Taluk, Kancheepuram District. 4.The Revenue Divisional Officer, Chengleput Division, Kancheepuram District. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus tod irect the respondents to take action against the encroachers and to remove the encroachments made by the encroachers in the lands in Survey No.310/1 measuring 25 acres of Mettupalayam Village, Kumizhi Panchayat, Chengelput Taluk, Kancheepuram District, within the limit to be prescribed by this Court.

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O R D E R

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(Order of the Court was made by The Hon'ble Chief Justice)

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The petitioner, a resident of the village, seeks action https://hcservices.ecourts.gov.in/hcservices/ against the encroachments made in the land in Survey No.310/1 measuring 25 acres situated at Mettupalayam Village, Kumizhi Panchayat, Chengelput Taluk, Kancheepuram District.

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2.It is stated that the encroachment is a water body and that another village resident had earlier filed a writ petition in W.P.No.4735 of 2011, which was disposed of on 02.03.2011, directing the petitioner therein to file a fresh representation and on such representation being filed, to consider the same and take appropriate steps for removal of encroachment, after giving notice and opportunity to the alleged encroachers. The petitioner claims that an enquiry was made thereafter, but nothing has been done since 09.05.2011 (enquiry notice of that date). The petitioner has not placed before us as to the fate of the enquiry and whether it stands concluded or not. The petitioner did make a representation dated 12.08.2013, to which there is stated to be no response.

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3.In view of the aforesaid facts and circumstances, we call upon the respondents to communicate to the petitioner the result of the enquiry, which must have been concluded, since more three years have elapsed since the issuance of the notice. The reasoned order passed in this behalf be communicated to the petitioner so that the petitioner is aware of the fate of the enquiry. Needless to say, if the enquiry has found encroachments, then the respondents were duty bound to take action in accordance with law in terms of the directions contained in W.P.No.4735 of 2011, as otherwise it would amount to violation of those directions.

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4.The needful be done within fifteen (15) days of receipt of this order.

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5.Writ Petition, accordingly, stands disposed of. No costs.

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Sd/Asst.Registrar (CS III)

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/true copy/

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Sub Asst. Registrar sra To

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1.The Secretary to Govt.,

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Revenue Department, Secretariat, Chennai.

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2.The District Collector,

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Kancheepuram District, Kancheepuram.

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3.The Tahsildar,

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Chengleput Taluk,Kancheepuram District.

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https://hcservices.ecourts.gov.in/hcservices/

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4.The Revenue Divisional Officer, Chengleput Division, Kancheepuram District.

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1 cc to M/s.K.S. V. Sethuraman, Advocate, Sr. 48664 1 cc to Government Pleader, Sr. 48734

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W.P.No.27105 of 2014

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UG (CO)
kk 27/10

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https://hcservices.ecourts.gov.in/hcservices/

A.Umapathi v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

A.Umapathi v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

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