Disposed

V.Murali v. The Chief Executive officer

Madras HC7 Jun 2023WP/13054/2023

Case brief

AI extract

What is this about?

A writ petition was filed seeking mandamus for demolition permission over 1812 sq.ft. The Court disposed of the petition, directing the petitioner to identify the specific 1551 sq.ft land covered by the patta. Until such identification and a fresh representation are made, the request for demolition cannot be acted upon.

What did the court decide?

Writ petition disposed of with direction to petitioner to identify 1551 sq.ft of land covered by patta and make a fresh representation to the respondent.

V.Murali Vs The Chief Executive officer — Land Acquisition | Madras HC (2023)

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W.P.No.13054 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.06.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No.13054 of 2023

V.Murali

…. Petitioner

-Vs-

The Chief Executive Officer Cantonment Board, St.Thomas Mount Chennai 600 016.

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.... Respondent

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to pass demolition order on petitioner's representations dated 20.03.2020 and 30.06.2022 to the extent of 1812 sq.ft comprising survey no.1797, GLR No.256/128, situated at Parangimalai Cantonment Village, Alandur Taluk, St.Thomas Mount, Chennai 600 016.

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O R D E R

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This writ petition has been filed for the issuance of a writ of Mandamus directing the respondent to consider the representations made by the petitioner on 20.03.2020 and 30.06.2022 wherein the petitioner has sought for permission from the respondent to demolish the existing constructions.

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https://www.mhc.tn.gov.in/judis

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W.P.No.13054 of 2023

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When the matter was taken up for hearing, the learned counsel appearing on behalf of the respondent submitted that the revenue documents shows that the petitioner is entitled only for 1551 sq.ft. To substantiate the same, the patta issued by the Tahsildar in the name of the petitioner was also produced before this Court. The learned counsel submitted that the petitioner is seeking for demolition of four shops in an extent of 1812 sq.ft. In view of the same, the petitioner was directed to properly identify 1551 sq.ft and thereafter approach the respondent seeking for permission to demolish the structures. Since the petitioner was not able to identify, the respondent had no occasion to act upon the representations made by the petitioner.

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In the considered view of this Court, the petitioner is holding an excess of 261 sq.ft and it is not known as to how the petitioner came into possession of the excess land than the extent for which he was granted patta to an extent of 1551 sq.ft. Therefore, unless the petitioner is able to identify 1551 sq.ft and the construction put up over that extent of property, the respondent will not be in a position to grant any permission. Hence, no useful purpose will be served in directing the respondent to consider the representations made by the petitioner.

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In the light of the above discussion, this writ petition is disposed of with a direction to the petitioner to properly identify 1551 sq.ft of land for which he has been given patta and thereafter make a fresh representation to the respondent. As and

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https://www.mhc.tn.gov.in/judis

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W.P.No.13054 of 2023

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when such a representation is made, the respondent shall consider the same and take a decision as expeditiously as possible. The petitioner has also sought for building permission. This request will arise only after the petitioner identifies 1551 sq.ft and the demolition permission is granted by the respondent. This writ petition is disposed of accordingly. No costs.

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07.06.2023

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Index : Yes/No Neutral Citation : Yes/No KST To

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The Chief Executive Officer Cantonment Board, St.Thomas Mount Chennai 600 016.

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https://www.mhc.tn.gov.in/judis

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W.P.No.13054 of 2023

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N.ANAND VENKATESH, J.

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kst

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W.P.No.13054 of 2023

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07.06.2023

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https://www.mhc.tn.gov.in/judis

V.Murali v. The Chief Executive officer

Case brief

What is this about?

What did the court decide?

V.Murali v. The Chief Executive officer

Case brief

What is this about?

What did the court decide?

What the court decided

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