Dismissed

Kaliakkavilai Thinasari Santhai v. the Govt. of Tamil Nadu

Madras HC26 Apr 2021WP(MD)/1309/2021

Case brief

AI extract

What is this about?

Writ petition filed directing Government authorities to demolish unauthorized constructions in daily market. Court directed appropriate authority to inspect area after giving notice to occupants and petitioner, and act within 12 weeks.

What did the court decide?

The writ petition stood disposed of with a direction to the appropriate authority to inspect the area after notice to occupants and petitioner, and take appropriate action within 12 weeks.

Kaliakkavilai Thinasari Santhai Vs the Govt. of… — Municipal and Town Planning | Madras HC (2021)

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W.P.(MD)No.1309 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2021 CORAM :

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.1309 of 2021

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Kaliakkavilai Thinasari Santhai Viyabarigal Nala Sangam, Rep. by its Secretary, New No.1-112, St.Anthoniyar Complex, Kaliakkavilai Post, Kayakumari District. .. Petitioner

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The Government of Tamil Nadu,

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Rep. by its Secretary to Government, Municipal Administration & Water Supply Department, St.George Fort, Chennai - 600 009.

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The Director of Town Panchayats, Urban Administrative Building, 75, Santhome High Road, MRC Nagar,

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Raja Annamalaipuram, Chennai - 600 028.

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The District Collector,

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Kanyakumari District at Nagercoil.

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The Assistant Director of Town Panchayats,

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Nagercoil, Kanyakumari District.

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Kaliakkavilai Town Panchayat,

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Rep. by its Executive Officer, Kaliakkavilai, Kanyakumari District.

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The Special Officer,

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Kaliakkavilai Town Panchayat, Kaliakkavilai, Kanyakumari District.

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T.C.Sathis Kumar

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T.C.Raju ... Respondents

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PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents 1 to 6 to take appropriate lawful action against the illegal and unauthorised constructions put up by the respondents 7 and 8 in Kaliyakkavilai daily market, including demolition in the light of

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

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___________ Page 1 of 3_

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W.P.(MD)No.1309 of 2021

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the petitioner's representations dated 15.12.2020, 17.12.2020 and 30.12.2020 within a reasonable time period to be fixed by this Hon'ble Court.

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For Petitioner : Mr.N.Dilip Kumar

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For respondents : Mr.K.P.Krishnadoss, Special Government Pleader for R1 to R6

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Mr.S.C.Herold Sing for R7 No Appearance for R8

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ORDER

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[Order of the Court was made by T.S.SIVAGNANAM, J. ]

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We have heard Mr.N.Dilip Kumar, learned Counsel appearing for the petitioner, Mr.S.C.Herold Singh, learned Counsel appearing for the seventh respondent and Mr.K.P.Krishnadass, learned Special Governance Pleader appearing for the respondents 1 to 6.

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This writ petition has been filed by the petitioner for a direction upon the respondents 1 to 6 to take appropriate lawful action against the illegal and unauthorised constructions put up by the respondents 7 and 8 in Kaliyakkavilai daily market, including demolition in the light of the petitioner's representations dated 15.12.2020, 17.12.2020 and 30.12.2020.

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Mr.S.C.Herold Singh, learned Counsel appearing for respondent No.7, submitted that there is no encroachment. Let the appropriate authority inspect the area in question, after notice to the occupants as well as informing the petitioner-Association and conduct through inspection and take appropriate action in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

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With the above direction, the writ petition stands disposed of. No costs.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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

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___________ Page 2 of 3_

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W.P.(MD)No.1309 of 2021

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned .

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To:

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The Secretary to Government, Government of Tamil Nadu, Municipal Administration & Water Supply Department, St.George Fort, Chennai - 600 009.

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The Director of Town Panchayats, Urban Administrative Building, 75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

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The District Collector, Kanyakumari District at Nagercoil.

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The Assistant Director of Town Panchayats, Nagercoil, Kanyakumari District.

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Executive Officer, Kaliakkavilai Town Panchayat, Kaliakkavilai, Kanyakumari District.

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The Special Officer, Kaliakkavilai Town Panchayat, Kaliakkavilai, Kanyakumari District.

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+1 CC to M/s.SPL GP ( SR-17732[F] dated 27/04/2021 )

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+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-17694[F] dated 27/04/2021 )

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+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-17804[F] dated 28/04/2021 )

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W.P.(MD) No.1309 of 2021 26.04.2021

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ES(CO)

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KK(27.05.2021) 3P 10C

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

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___________ Page 3 of 3_

Kaliakkavilai Thinasari Santhai v. the Govt. of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Kaliakkavilai Thinasari Santhai v. the Govt. of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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