Disposed

Ms.Premawathie Sundari Thiagarajah v. The Deputy Director

Madras HC30 Oct 2023WP/4490/2019

Case brief

AI extract

What is this about?

This single-judge order disposes of a writ petition where the petitioner challenged an officer's communication regarding encroachment. The Court, noting the Government Pleader's assurance to remove encroachments within four weeks, granted time for removal and disposed of the petition without allowing adjournment.

What did the court decide?

Four weeks time granted to remove encroachments; writ petition disposed of.

Ms.Premawathie Sundari Thiagarajah Vs The Deputy… — Municipal and Town Planning | Madras HC (2023)

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W.A. No. 4490 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 30.10.2023

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CORAM

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THE HON'BLE MR. JUSTICE S. VAIDYANATHAN

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AND

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THE HON'BLE MR. JUSTICE K. RAJASEKAR

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W.A.No. 4490 of 2019

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W.M.P. No. 5071 of 2019

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Ms. Premawathie Sundari Thiagarajan rep.by her Power Agent P. Ravindran

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..Petitioner

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Vs.

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The Deputy Director, Town and Country Planning Chengalpattu Region, No.124, GST Road, Periyar Shopping Complex, Chengalpattu – 603 001.

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The District Collector, Kanchipuram Collectorate, Kancheepuram District – 631 501.

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

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W.A. No. 4490 of 2019

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The Tahsildar, Sriperumbadur Taluk, Kancheepuram District – 602 105.

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The Block Development Officer, Sriperumbadur Panchayat Union, Sriperumbadur Taluk, Kancheepuram District – 602 105.

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The Commissioner (VP)(BP), Sriperumbadur Panchayat Union, Panchayat Union, Sriperumbadur Taluk, Kancheepuram District – 602 105.

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The Assistant Engineer, Tamil Nadu Electricity Board, South Sunguvarchatram, Santhavelur, Kancheepuram District – 602 106.

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Mr. Siva

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Mr. Mani 9. Mr. Durai ..Respondents

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Prayer: Petition under Article 226 of the Constitution of India praying

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for issue of a Writ of Certiorarified Mandamus to call for the records of the 4^th respondent passed in his proceedings bearing Na.Ka.No. 2232/2018/A1 dated 12.09.2018 amd quash the same te consequently direct responents 1 to 6 to disconnect illegal electricity connection the 8^th respondent and to

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

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W.A. No. 4490 of 2019

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remove encroachments of the 30 feet public road by respondents 7 to 9, who

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are illegal occupants in the public road, ie, in front of Plot 60, 61 in terms of

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layout approved by the 1^st respondent dated 02.01.1989.

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For Petitioner :: Mr.P.Ebenezer Paul For Respondents :: Mr.A. Selvendran, Special Govt. Pleader for R1 to R5 Mr.L. Jaivenkatesh for R6 No appearance for R7 to R9

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O R D E R

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(Delivered by S. Vaidyanathan,J.)

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The writ petition is filed challenging the proceedings of the 4^th respondent dated 12.09.2018, quash the same, to direct respondents 1 to 6 to disconnect illegal electricity connection to the 8^th respondent and to remove encroachments of the 30 feet public road by respondents 7 to 9, who are illegal occupants in the public road, ie, in frontof Plot 60, 61 in terms of layout approved by the 1^st respondent dated 02.01.1989.

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The grievance of the petitioner appears to be that respondents 7

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to 9 have encroached upon 30 feet public road in front of the petitioner's 3\6

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

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W.A. No. 4490 of 2019

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property by putting up huts thereby denying access to the petitioner's property. The attempts made by the petitioner to remove the encroachments by way of representations to the authorities proved futile. Hence, the present writ petition with the prayer aforesaid.

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Admittedly, what is sought to be challenged in the present writ petition is the communication addressed to the petitioner's counsel by the Block Development Officer, Sriperambadur Panchayat Union and the said communication is not even issued to the petitioner. However, when the matter is taken up for hearing, it is represented by the learned Special Government Pleader that there is an encroachment in the property pointed out by the petitioner in S.No. 188/1 adjacent to Plot Nos.60 and 61 of Nethaji Road and that the same would be removed if four weeks time is granted.

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In view of the submission made by the learned Special Government Pleader for respondents 1 to 5 that there is encroachment, four weeks time is granted from the date of receipt of a copy of this order to

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

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W.A. No. 4490 of 2019

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remove the same. The writ petition is disposed of with the above direction.

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No costs. Connected W.M.P. is closed.

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(S.V.N.J.) (K.R.S.J.) nv 30.10.2023

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The Deputy Director, Town and Country Planning Chengalpattu Region, No.124, GST Road, Periyar Shopping Complex, Chengalpattu – 603 001.

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The District Collector, Kanchipuram Collectorate, Kancheepuram District – 631 501.

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The Tahsildar, Sriperumbadur Taluk, Kancheepuram District – 602 105.

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The Block Development Officer, Sriperumbadur Panchayat Union, Sriperumbadur Taluk, Kancheepuram District – 602 105.

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

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W.A. No. 4490 of 2019

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S. VAIDYANATHAN,J.

AND

K. RAJASEKAR,J.

The Commissioner (VP)(BP), Sriperumbadur Panchayat Union, Panchayat Union, Sriperumbadur Taluk, Kancheepuram District – 602 105.

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The Assistant Engineer, Tamil Nadu Electricity Board, South Sunguvarchatram, Santhavelur, Kancheepuram District – 602 106.

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W.P. No. 4490 of 2019

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30.10.2023

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

Ms.Premawathie Sundari Thiagarajah v. The Deputy Director

Case brief

What is this about?

What did the court decide?

Ms.Premawathie Sundari Thiagarajah v. The Deputy Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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