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Madras High Court

Thazhambur Sakthi Nagar House & vs The District Collector on 13 December, 2022

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                                Writ Petition No.3425 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Dated: 13/12/2022

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                            Writ Petition No.3425 of 2019
                                                        and
                                           W.M.P.Nos.3715 and 4799 of 2019
                     Thazhambur Sakthi Nagar House &
                        Plot Owners Welfare Association
                     rep. By its President
                     Mr.C.Ramadoss.                        ...         Petitioner

                                                         Vs

                     1. The District Collector
                        Collectorate of Kanchipuram
                        Kanchipuram.

                     2. The Deputy Director
                        Town Country Planning
                        Kanchipuram.

                     3. The Sub-Registrar
                        Sub-Registrar Office
                        Thiruporur
                        Kanchipuram District.

                     4. The Tahsildar
                        Thiruporur Region
                        Kanchipuram District.

                     5. The Block Development Officer
                        Thazhambur Panchayat
                        Thiruporur
                        Kanchipuram District.
https://www.mhc.tn.gov.in/judis
                     Page No:1/6
                                                                               Writ Petition No.3425 of 2019




                     6. P. Lakshmi

                     7. P. Mahendran

                     8. P. Kajendran

                     9. P.Mohan

                     10. Kannammal

                     11. Magesh Giri

                     12. K. Ganesan                       ...          Respondents

                     (Impleaded R.R.6 to 12, vide, order, dated 13/12/2022
                       made in W.M.P.No.4799 of 2019 in W.P.No.
                       3425 of 2019, by NSKJ)


                     PRAYER : Petition filed under Article 226 of the Constitution of India

                     praying for the issuance of a writ of mandamus to direct the second

                     respondent to take necessary action to protect the public land situated in

                     Sakthi Nagar Layout in its original nature of open space based on the

                     representation dated 26/9/2018.



                                   For Petitioner          ...   Mr.L.Chandrakumar
                                                                 for Mr.K.Jayaraman

                                   For respondents         ...   Mr.V.Nanmaran
                                                                 Additional Government Pleader
                                                                 for R.R.1 to 4.

https://www.mhc.tn.gov.in/judis
                     Page No:2/6
                                                                                          Writ Petition No.3425 of 2019


                                                                         Mr.D.Suriyanarayanan
                                                                         for R.5.

                                                                         Mr.K.Balaji
                                                                         for R.R.6 to 9

                                                                         Mr.P.Vasantha Kumar
                                                                         for R.10

                                                                         No appearance for R.11

                                                                         Mr.M.Ramesh
                                                                         for R.12.

                                                              -----
                                                             ORDER

This writ petition has been filed to direct the second respondent to take necessary action to protect the public land situated in Sakthi Nagar Layout in its original nature of open space, based on the representation, dated 26/9/2018.

2. It is the case of the petitioner that petitioner association has submitted a representation, dated 26/9/2018, to the second respondent, which has not been considered, so far. Hence the petitioner has come forward with the instant writ petition praying for the relief as stated therein.

https://www.mhc.tn.gov.in/judis Page No:3/6 Writ Petition No.3425 of 2019

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. As the limited prayer is sought, the petitioner is directed to give a fresh representation to the second respondent, within a period of ten days from today. Thereafter, the second respondent is directed to consider the representation of the petitioner and pass orders on merits and in accordance with law within a period of four months thereafter.

5. With the above direction, this writ petition is disposed of. No costs.

Consequently, the connected Miscellaneous Petitions are closed.

13/12/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

https://www.mhc.tn.gov.in/judis Page No:4/6 Writ Petition No.3425 of 2019 To

1. The District Collector Collectorate of Kanchipuram Kanchipuram.

2. The Deputy Director Town Country Planning Kanchipuram.

3. The Sub-Registrar Sub-Registrar Office Thiruporur Kanchipuram District.

4. The Tahsildar Thiruporur Region Kanchipuram District.

5. The Block Development Officer Thazhambur Panchayat Thiruporur Kanchipuram District.

https://www.mhc.tn.gov.in/judis Page No:5/6 Writ Petition No.3425 of 2019 N. SATHISH KUMAR, J mvs.

W.P.No.3425 of 2019

13/12/2022 https://www.mhc.tn.gov.in/judis Page No:6/6