Dismissed

V.Munusamy v. The District Collector

Madras HC4 Oct 2021WP/21242/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed under Article 226 seeking relief against land encroachment. The Court directed the petitioner to submit a fresh representation to the competent authority, which must then remove the encroachment within six months after providing opportunity to necessary parties.

What did the court decide?

Directed petitioner to submit fresh representation to the third respondent; directed third respondent to remove encroachment within six months.

V.Munusamy Vs The District Collector — Environment and Pollution | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.10.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

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W.P.No.21242 of 2021

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V.Munusamy ...Petitioner

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Vs.

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The District Collector, District Collectorate, Tiruvallur District,

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Tiruvallur.

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The Revenue Divisional Officer, Office of Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District – 601 204.

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The Tahsildar, Gummudipoondi Taluk, Tiruvallur District – 601 201.

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M/s Suryadev Alloys Power Pvt. Ltd., Rep. by its Manager Director, Having Plant at New Gummidipoondi, New Gummidipoondi Post, Gummidipoondi Taluk, Tiruvallur District. ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents herein to consider the petitioner's representation dated 15.11.2020 and 15.07.2021 acknowledged by the respondents 1 to 3 and comply with the genuine request made therein within a specified period to be stipulated by this Court.

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For petitioner : Mr.V.Ramanareddy For respondents : Mr.T.N.C.Kaushik Govt. Counsel (for R1 to R3)

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

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ORDER

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(The Order of the Court was made by K.KALYANASUNDARAM,J)

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Mr.T.N.C.Kaushik, learned Government Counsel takes notice for the respondents 1 to 3. By consent, this writ petition is taken up for final disposal at the admission stage itself.

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2.This writ petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representations dated 15.11.2020 and 15.07.2021.

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3.The learned counsel for the petitioner Mr.V.Ramanareddy would urge that the private respondent has encroached upon the water-body, cart-track and irrigation channel and in the result, the land of the petitioner has submerged during the rainy season and the crops are destroyed. In this regard, the petitioner has made representations to the official respondents, but no action was taken so far.

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4.The learned Government Counsel appearing for the respondents 1 to 3 would state that the third respondent is the competent authority and if the petitioner gives a fresh representation to the third respondent, appropriate action will be taken by him in accordance with law.

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5.In the light of the prayer sought for in this writ petition and the submission of the learned counsels, this writ petition is disposed of directing the petitioner to give a fresh representation to the third respondent by enclosing a copy of this order. On receipt of such representation, the third respondent shall take appropriate action to remove the encroachment, after affording ample opportunity to the necessary parties. The said exercise shall be completed within a period of six months from the date of receipt of a copy of this order. No costs.

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Assistant Registrar(CS IX) //True Copy//

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Sub Assistant Registrar

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skn

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The District Collector,

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District Collectorate,

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Tiruvallur District, Tiruvallur.

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

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The Revenue Divisional Officer, Office of Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District – 601 204. 3. The Tahsildar, Gummudipoondi Taluk, Tiruvallur District – 601 201.

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+1CC to Mr.V.Ramana Reddy, Advocate, Sr.No.51657 +1CC to Mr.Government Pleader, Sr.No.52437

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W.P.No.21242 of 2021

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PL (CO) K.RK. (01.11.2021)

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

V.Munusamy v. The District Collector

Case brief

What is this about?

What did the court decide?

V.Munusamy v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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