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Madras High Court

C.Alamelu Mangai vs The Principal Secretary To Government on 3 July, 2023

Author: P.D.Audikesavalu

Bench: Sanjay V.Gangapurwala, P.D.Audikesavalu

                                                                             W.P.No.582 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED:    03.07.2023

                                                      CORAM :

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                          AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                                  W.P.No.582 of 2023

                     C.Alamelu Mangai                                   ..   Petitioner

                                                          Vs.

                     1. The Principal Secretary to Government
                        Department of Highways and Minor Ports
                        Government of Tamilnadu
                        Chennai.

                     2. The District Collector
                        District Collectorate
                        Thiruvallur District.

                     3. Executive Officer
                        Vannipakkam Village
                        Ponneri Taluk
                        Thiruvallur District.

                     4. Executive Officer
                        Anuppampattu Village
                        Ponneri Taluk
                        Thiruvallur District.




                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No.582 of 2023


                     5. Assistant Divisional Engineer (H)
                        Ponneri Sub Division
                        Ponneri Taluk
                        Thiruvallur District.                                ..     Respondents


                     Prayer: Petition filed under Article 226 of the Constitution of India
                     seeking a writ of Mandamus directing the second respondent to
                     consider         the   petitioner's   representation   dated   27.10.2022    and
                     consequently, direct the respondents to instruct his officials namely
                     the respondents 3 to 5 herein to remove the illegal encroachments
                     made in the above said Anuppampattu Railway Station State
                     Highways Road and also the adjoining Village Road situate in
                     S.No.176, Vannipakkam Village, Ponneri Taluk, Thiruvallur District
                     immediately.



                                      For the Petitioner         : Mr.M.Narayanaswamy

                                      For the Respondents        : Mrs.R.Anitha
                                                                   Special Government Pleader
                                                                   for Respondents 1 & 5

                                                                   Mr.A.Arun Babu
                                                                   for Respondents 2 to 4


                                                          ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Narayanaswamy, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for the Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.582 of 2023 respondents 1 and 5 and Mr.A.Arun Babu, learned counsel for the respondents 2 to 4.

2. The petitioner seeks a direction to remove the encroachments made in Anuppampattu Railway Station State Highways Road and also the adjoining Village Road situate in S.No.176, Vannipakkam Village, Ponneri Taluk, Thiruvallur District.

3. Learned Special Government Pleader submits that a survey was conducted on 14.06.2023, pursuant to which, a report has been sent by the Tahsildar stating that the land bearing S.No.176, which is adjacent to the land of the petitioner has been classified as Road and Vandi Pathai. It is further stated that encroachments have been identified and steps would be taken in accordance with law.

4. Naturally, steps are to be taken after adhering to the principles of natural justice and as provided under the statute.

5. In view of the communication placed on record, no further Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.582 of 2023 orders are necessary in the present writ petition. The writ petition, as such, stands disposed of. There will be no order as to costs.

                                                          (S.V.G., CJ.)          (P.D.A., J.)
                                                                          03.07.2023
                     Index              :        Yes/No
                     Neutral Citation   :        Yes/No

                     kpl


                     To

1. The Principal Secretary to Government Department of Highways and Minor Ports Government of Tamilnadu, Chennai.

2. The District Collector District Collectorate Thiruvallur District.

3. Executive Officer Vannipakkam Village Ponneri Taluk, Thiruvallur District.

4. Executive Officer Anuppampattu Village Ponneri Taluk, Thiruvallur District.

5. Assistant Divisional Engineer (H) Ponneri Sub Division Ponneri Taluk, Thiruvallur District.

Page 4 of 5

https://www.mhc.tn.gov.in/judis W.P.No.582 of 2023 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) W.P.No.582 of 2023 03.07.2023 Page 5 of 5 https://www.mhc.tn.gov.in/judis