Disposed

P.Ashok kumar v. Executive Engineer

Madras HC25 Sept 2023WP/5485/2023

Case brief

AI extract

What is this about?

A writ petition was filed seeking a direction to the first respondent to consider a representation regarding alleged encroachment on land. The petition was unopposed. Without adjudicating on the existence of encroachment, the court directed the authorities to decide the issue based on the survey report and dispose of the matter accordingly.

What did the court decide?

Writ petition disposed of; no order as to costs.

P.Ashok kumar Vs Executive Engineer — Land Acquisition | Madras HC (2023)

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WP No.5485 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.09.2023

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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 P.D.AUDIKESAVALU

WP No.5485 of 2023

P.Ashok Kumar

: Petitioner

versus

1.The Executive Engineer, Operation and Maintenance, T.N.E.B., Sholingur, Sholingur Taluk, Ranipet District

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2.The Tahsildar, Taluk Office,

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Sholingur Taluk, Ranipet District

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3.The Block Development Officer, Sholingur Union Panchayat, Sholingur Taluk, Ranipet District

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4.ABI-Showatech (India) Ltd., No.2, Pulivalama Village & Post, Banavaram (via) Ranipet 632 505

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: Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1^st respondent to consider the petitioner's representation dated 28.07.2022 in respect of land comprised in S.No.654 measuring 2.85 acres of Pulivalam Village, Sholingur Taluk, pending on the file of 1^st respondent.

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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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WP No.5485 of 2023

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For Respondent No.1 : Mr.S.Madhusudanan For Respondents 2 & 3 : Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P. For Respondent No.4 : Mr.Anirudh Krishnan

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ORDER

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(Made by the Hon'ble Chief Justice)

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None appears for the petitioner.

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We have heard Mr.S.Madhusudanan, learned counsel for the first respondent, Mr.P.Muthukumar, learned State Government Pleader, for respondents 2 and 3 and Mr.Anirudh Krishnan, learned counsel for the fourth respondent.

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Mr.P.Muthukumar, learned State Government Pleader, submits that

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pursuant to the representation of the petitioner, survey was conducted by the Tahsildar and some encroachments were found. The survey report has been forwarded to the first respondent.

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The learned counsel for the first respondent submits that the first respondent has instructed the fourth respondent to act as per the report of the

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Page 2 of 5

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

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WP No.5485 of 2023

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Tahsildar.

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The learned counsel for the fourth respondent submits that no

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encroachment has been made by the fourth respondent.

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Whether the encroachment exists or not, has to be decided by the authorities concerned, upon the survey being made. If the encroachment exists, as per the report, then, the District Collector and/or such other competent authority shall take further steps in accordance with law, expeditiously.

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The writ petition stands disposed of. There will be no order as to costs.

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(S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index : Yes/No Neutral Citation : Yes/No tar

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1.The Executive Engineer, Operation and Maintenance, T.N.E.B., Sholingur, Sholingur Taluk, Ranipet District

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2.The Tahsildar, Taluk Office, Sholingur Taluk, Ranipet District

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3.The Block Development Officer,

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Page 3 of 5

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

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WP No.5485 of 2023

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Sholingur Union Panchayat, Sholingur Taluk, Ranipet District

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THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar)

WP No.5485 of 2023

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

WP No.5485 of 2023

25.09.2023

Page 5 of 5

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

P.Ashok kumar v. Executive Engineer

Case brief

What is this about?

What did the court decide?

P.Ashok kumar v. Executive Engineer

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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