Disposed

N.Balasubramanian v. The District Collector

Madras HC19 Dec 2023WP/13758/2019

Case brief

AI extract

What is this about?

The petitioner, appearing by no one, sought a writ of mandamus to initiate action against encroachment and request infrastructure development. The court noted that the respondent authorities had already removed prior encroachments and issued a notice to the current encroacher. Consequently, the petition was disposed of with no order as to costs.

What did the court decide?

Petition disposed of with no order as to costs in view of the status report that administrative action had been initiated.

N.Balasubramanian Vs The District Collector — Municipal and Town Planning | Madras HC (2023)

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W.P.No.13758 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.12.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.13758 of 2019

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N.Balasubramanian .. Petitioner

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1.The District Collector, Office of the District Collector, Thiruvarur, Tiruvarur-614 001.

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2.The Municipal Commissioner, Office of the Municipality, Mannarkudi, Mannarkudi-614 001, Tiruvarur District.

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3.M.A.Ayisha Sithika 4.K.S.Jainual Akbar 5.Zulfikar Ali .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing first and second respondents to initiate necessary action with immediate to the effect to dispose of the representation dated 5.12.2017 with a direction to enquire and evict the encroachment made in voikkal poramboke at canal and also formation of septic tank, removal of human waste into and near Sanjeevi Street, Mannargudi.

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For the Petitioner : No Appearance

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_____________ Page 1 of 5_

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

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W.P.No.13758 of 2019

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For the Respondents : Mr.T.K.Saravanan Government Advocate for respondent No.1 Mr.S.N.Parthasarathy Standing Counsel for respondent No.2

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Ms.P.T.Ramadevi for respondents 3 and 5

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No appearance for respondent No.4

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ORDER

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

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None appears on behalf of the petitioner. We have heard

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Mr.T.K.Saravanan, learned Government Advocate for the first respondent; S.N.Parthasarathy, learned Standing Counsel for the second respondent; and Ms.P.T.Ramadevi, learned counsel for respondents 3 and 5.

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A status report is filed by the second respondent. It is stated that the entire encroachment was removed on 25.2.2020 and 26.2.2020. In the recent survey, it was observed that the third respondent has again put up the compound wall by encroaching the

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Page 2 of 5

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

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W.P.No.13758 of 2019

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vaikkal poramboke and, hence, necessary marks were made in the encroached area on 8.12.2023. The encroachment has been made of 4.80 mtrs. on south side and 0.85 mtrs. on the north side. The second respondent has issued a notice to the third respondent on 8.12.2023 under the Tamil Nadu Urban Local Bodies Act, 1998 directing to remove the encroachment within seven days, or else action would be taken to evict the encroachments. The status report further states that if the third respondent fails to remove the encroachment within four weeks, the second respondent would initiate necessary action for removal of the encroachment.

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The status report is accepted.

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In view of the status report, the writ petition is disposed of. There will be no order as to costs.

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(S.V.G., CJ.) (D.B.C., J.) 19.12.2023 Index : Yes/No Neutral Citation : Yes/No sasi

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_____________ Page 3 of 5_

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

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W.P.No.13758 of 2019

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To:

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1.The District Collector, Office of the District Collector, Thiruvarur, Tiruvarur-614 001.

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2.The Municipal Commissioner, Office of the Municipality, Mannarkudi, Mannarkudi-614 001, Tiruvarur District.

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Page 4 of 5

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

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W.P.No.13758 of 2019

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi)

W.P.No.13758 of 2019

19.12.2023

_____________ Page 5 of 5_

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

N.Balasubramanian v. The District Collector

Case brief

What is this about?

What did the court decide?

N.Balasubramanian 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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