Disposed

D. Kanishkaran v. The Managing Director

Madras HC7 Mar 2024WP/3055/2018

Case brief

AI extract

What is this about?

Petitioner sought mandamus to remove alleged encroachment by respondents 5 and 6 on Housing Board land obstructing access to Sevvapet Railway Station. The Block Development Officer's status report recorded a registered land exchange and no encroachment. The court held the writ prayer could not be granted, leaving the petitioner to challenge the exchange under law.

What the court decided

AI extract

D. Kanishkaran Vs The Managing Director — Municipal and Town Planning | Madras HC (2024)

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W.P.No.3055 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.03.2024

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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

W.P.No.3055 of 2018

D.Kanishkaran

.. Petitioner

1.The Managing Director, Tamilnadu Housing Board, Nandanam, Chennai-600 035.

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2.The Executive Engineer, Tamilnadu Housing Board, Korattur Division, Chennai-600 080.

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3.The Block Development Officer, Thiruvallur Block at Ikkadu, Thiruvallur Taluk & District.

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4.The Inspector of Police, Sevvapet Police Station, Thiruvallur Taluk & District.

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5.Merry

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6.Nithya

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.. Respondents

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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.3055 of 2018

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1^st and 2^nd respondents to take appropriate action against the respondents 5 and 6 in unauthorised encroaching upon the Tamilnadu Housing Board lands and constructing a building in the 8^th Main Road - 5^th Cross Street Junction, TNHB Quarters, Sevvapet Village, Thiruvallur Taluk & District and thereby direct the 1^st respondent to demolish the unauthorised construction made by the 4^th and 5^th respondents so as to keep the free flow of the traffic to the Sevvapet Railway Station through K.T.J. Nagar Main Road.

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For the Petitioner : Mr.A.R.Suresh

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For the Respondents : Mr.A.M.Ravindranath Jeyapaul for respondents 1 and 2

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: Mr.T.K.Saravanan Government Advocate for respondents 3 and 4

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: Mr.R.Dhanasekar

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for respondents 5 and 6

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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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We have heard Mr.A.R.Suresh, learned counsel for the

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petitioner; Mr.A.M.Ravindranath Jeyapaul, learned counsel for respondents 1 and 2; Mr.T.K.Saravanan, learned counsel for respondents 3 and 4; and, Mr.R.Dhanasekar, learned counsel for

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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.3055 of 2018

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respondents 5 and 6.

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The third respondent has filed a status report thereby accepting the exchange of land having taken place and the registration thereof. The status report further states that there is no road encroachment as alleged by the petitioner in the yellow marked portion.

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As the exchange is already registered, the prayer made in the writ petition cannot be granted. It is for the aggrieved party to challenge the exchange as may be permissible under law.

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The writ petition is disposed of accordingly. There shall be

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no order as to costs. Consequently, W.M.P.No.3740 of 2018 is closed.

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(S.V.G., CJ.) (D.B.C., J.) 07.03.2024 Index : Yes/No Neutral Citation : Yes/No bbr

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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.3055 of 2018

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1.The Managing Director, Tamilnadu Housing Board, Nandanam, Chennai-600 035.

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2.The Executive Engineer, Tamilnadu Housing Board, Korattur Division, Chennai-600 080.

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3.The Block Development Officer, Thiruvallur Block at Ikkadu, Thiruvallur Taluk & District.

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4.The Inspector of Police, Sevvapet Police Station, Thiruvallur Taluk & 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.3055 of 2018

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

bbr

W.P.No.3055 of 2018

07.03.2024

___________ Page 5 of 5_

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

D. Kanishkaran v. The Managing Director

Case brief

What is this about?

What the court decided

D. Kanishkaran v. The Managing Director

Case brief

What is this about?

What the court decided

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