Ramgopal Khemka Vs the State of Tamilnadu

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to restore possession of property at Plot No.71, Hari Gopal Enclave, Puzhal Village, Saidapet Taluk, measuring an extent of 3836 sq.ft. corresponding Patta No.3296 in the light of the survey report 01.09.2022 of the seventh respondent in Na.Ka.No.1800/2022/AA1 forthwith.

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For Petitioner : Mr.C.Prabakaran For Respondents : Mr.T.K.Saravanan, Additional Government Pleader for R1, R2 and R4 to R7 Mr.G.T.Subramanian, Standing Counsel for R3

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ORDER

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[Order of the Court was made by M.SUNDAR, J. ,]

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Subject matter of c aptioned main 'Writ Petition' [hereinafter 'WP'

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for the sake of brevity] is a public park built by Greater Chennai Corporation (GCC).

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2. Mr.C.Prabakaran, learned counsel on record for writ petitioner

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draws our attention to a sketch attached to survey report of R7 [Tahsildar, Madhavaram Taluk, Chennai] and a scanned reproduction of

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the same is as follows:

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3. Learned counsel for writ petitioner submits that the park qua

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the aforementioned sketch is clearly an encroachment.

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4. Issue notice.

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5. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1, R2 and R4 to R7 and Mr.G.T.Subramanian, learned standing counsel accepts notice for R3.

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6. Mr.G.T.Subramanian, learned standing counsel for GCC on instructions submits that park has no doubt been put up, it will now be examined as to whether it encroaches upon the land of writ petitioner, one Uthamkumar Gupta adverted to in the Tahsildar report or any other person and if that be so, remedial measures either by way of payment of compensation to the persons concerned or in any other manner would be considered and concluded.

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7. In the light of the fair submission made by learned standing counsel for GCC, captioned WP stands descoped vastly and in this view of the matter, we take up the captioned main WP with the consent of all learned counsel.

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8. This Court finds that the writ petitioner has sent a detailed representation dated 21.10.2023 and a scanned reproduction of the same is as follows:

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9. Though the aforementioned representation has not been

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addressed to R3, now that R3 is before us and is represented by learned standing counsel, we direct R3 to consider the aforementioned

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representation on its own merits and in accordance with law based on records, give opportunity to writ petitioner, Uthamkumar Gupta and any other similarly placed person and pass a speaking order disposing of the aforementioned representation as expeditiously as the business of R3 would permit but in any event within twelve weeks from today i.e., on or before 04.09.2025. The order so made by R3 shall be duly served on the writ petitioner, Uthamkumar Gupta and any other similarly placed person within seven working days from the date of the order under due acknowledgement.

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10. Though obvious for the purpose of specificity we clarify that we have not expressed any view or opinion one way or the other on the merits of the matter.

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9. Captioned WP is disposed of in the aforesaid manner.

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Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is disposed of as closed. There shall be no order as to costs.

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Index : Yes / No Neutral Citation : Yes / No mmi

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