Disposed

M.N.Saravanan v. The Collector

Madras HC19 Jul 2021WP/14826/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition alleging encroachment on land previously used for a fire station by the sixth respondent. The court permitted a fresh representation to the Slum Clearance Board and directed it to hear the encroacher before disposing of the matter.

What did the court decide?

Permitted fresh representation to Slum Clearance Board; directed Board to consider and dispose of it within eight weeks after hearing the encroacher.

M.N.Saravanan Vs The Collector — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.07.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

W.P.No.14826 of 2021

M.N.Saravanan

.. Petitioner

1 The Collector

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Office of the Chennai Collector No.62, Rajaji Salai, Fourth Floor

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Chennai - 600 001.

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2 The Tahsildar Tahsildar Office Perambur

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Chennai - 600 011.

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3 The Managing Director Tamilnadu Slum Clearance Board No.5, Kamarajar Salai Chepauk, Chennai- 600 005.

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4 The Commissioner Chennai Corporation No.1131 Rippon Building EVR Periyar Salai, Park Town

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Chennai - 600 003.

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5 The Commissioner of Police Office of the commissioner of Police No.132, EVK Sampath Salai Vepery, Chennai - 600 007.

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6 Mangalam .. Respondents

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PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 5 to remove the encroach of the 6th respondent at the edge of the 18th Street Corner, Vyasarpadi, B.V.Colony, Chennai - 600 039 in an area of 2000 Sq. Feets approximately comprised in Old

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

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Survey No.779/66, Block No.42, Perambur Village, Perambur Taluk, Chennai District and within the limits of Chennai Corporation.

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For Petitioner : Mr.M.Ravikumar

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For Respondents : Mr.P.Muthukumar Counsel for the State for respondents 1, 2 and 5

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: Mr.M.Rajasekar for 3rd respondent

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: Ms.Karthika Ashok Sr.SC (Corporation) for 4th respondent

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ORDER

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(Order of the Court was made by Senthilkumar Ramamoorthy, J.)

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The petitioner complains of alleged encroachment by the sixth respondent in Survey No.779/66, Block No.42, Perambur Village, Perambur Taluk, Chennai District.

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The petitioner states that an area admeasuring 2000 square foot in the aforesaid survey number was previously used for the purposes of a Sub-Fire and Rescue Service Station. By taking advantage of the fact that the said Sub-Fire and Rescue Service Station became inoperational at the said premises, it is alleged that the sixth respondent herein, who resides at an adjacent location, has encroached upon the said land. According to the petitioner, a spot inspection was conducted some time in 2018, and it was concluded that the land belongs to the Tamil Nadu Slum Clearance Board and had been encroached upon by the sixth respondent herein. The petitioner states that in spite of submitting multiple representations in this connection, the encroachment has not been removed so far.

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Mr.P.Muthukumar, learned counsel for the State, accepts notice for respondents 1, 2 and 5.

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Ms.Karthika Ashok, learned Senior Standing Counsel (Corporation), accepts notice for the fourth respondent.

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Mr.M.Rajasekar, learned counsel, accepts notice for the third respondent herein and states that the petitioner's

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

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representation would be considered and disposed of expeditiously.

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Accordingly, without going into the merits of the matter, the petitioner is permitted to carry a fresh representation to the Executive Engineer, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005 within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the Executive Engineer, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005 is directed to consider and dispose of the said representation by a reasoned order within a period of eight weeks from the date of receipt thereof after providing a reasonable opportunity both to the petitioner and the sixth respondent. On account of the fact that the merits of the matter have not been examined and because the Executive Engineer, Tamil Nadu Slum Clearance Board has been directed to hear the sixth respondent before passing orders, the writ petition is disposed of without notice to the sixth respondent.

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W.P.No.14826 of 2021 is disposed of on these terms without any order as to costs.

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Sd/-

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Assistant Registrar(CS-III)

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//True Copy//

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Sub Assistant Registrar

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bbr

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1 The Collector Office of the Chennai Collector No.62, Rajaji Salai, Fourth Floor Chennai - 600 001.

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2 The Tahsildar Tahsildar Office Perambur Chennai - 600 011.

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3 The Managing Director Tamilnadu Slum Clearance Board No.5, Kamarajar Salai Chepauk, Chennai- 600 005.

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

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4 The Commissioner Chennai Corporation No.1131 Rippon Building EVR Periyar Salai, Park Town Chennai - 600 003. 5 The Commissioner of Police Office of the commissioner of Police No.132, EVK Sampath Salai Vepery, Chennai - 600 007. 6 The Executive Engineer, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005. +1cc to Mr.M.Raja Sekhar, Advocate, S.R.No.34252 W.P.No.14826 of 2021 AK-II(CO) SB(02/08/2021)

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M.N.Saravanan v. The Collector

Case brief

What is this about?

What did the court decide?

M.N.Saravanan v. The Collector

Case brief

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What did the court decide?

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