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Madras High Court

Krishna Nagar Residents vs The District Collector on 12 November, 2024

Author: C.V.Karthikeyan

Bench: C.V.Karthikeyan

                                                                        W.P.No.32984 of 2024

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                            DATED : 12.11.2024

                                                CORAM :

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                       Writ Petition No.32984 of 2024
                                        and WMP No.35780 of 2024

              Krishna Nagar Residents
                Welfare Association
              Rep.by its Secretary M.Velu
              Plot No.203, Krishna Nagar
              Pudupakkam Taluk
              Kelambakkam 603 103
              Chengleput District.                                         …. Petitioner

                                                   -Vs-
              1.The District Collector
                Chengleput District
                Collector Office, GST Road
                Chengleput.

              2.The Tahsildar
                Vandalur Taluk
                Guduvancherry
                Chengleput District.

              3.The Block Development Officer
                Thiruporur, Chennai 603 110.

              4.The President
                Kelambakkam Panchayat
                Near Government Hospital
                Kelambakkam, Chengleput District.

                                                    1/6

https://www.mhc.tn.gov.in/judis
                                                                              W.P.No.32984 of 2024

              5.Palani Garden Residents Welfare Association
                Rep.by its Secretary N.Sivakumar
                F2, Palani Garden
                Sathankuppm Village
                Vandalur Taluk
                Kelambakkam 603 103
                Chenglepattu District.

              6.Rainbow Colony Residents
                  Welfare Association
                Rep.by its Secretary B.Saravanan
                Plot No.7, Ashwathi Avenue
                Survey No.261/13 & 261/14
                Pudupakkam Group
                Sathankuppam Village
                Vandalur Taluk
                Kelambakkam 603 103
               Chengleput District.                                              .. Respondents

              Prayer : Writ Petition under Article 226 of the Constitution of India praying for
              the issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider
              the objections raised and submitted by the members of the petitioner association
              on 02.09.2204 in response to the notice published by the Village Administrative
              Officer of Pudupakkam Village, Kelambakkam Panchayat dated 23.08.2024 and
              afford them an opportunity of hearing.

                                  For Petitioner    :   Mr.J.Pothiraj

                                  For Respondents   :   Mr.V.Nanmaran
                                                        Additional Government Pleader
                                                        for R1 & R2

                                                        Mr.E.Sundaram
                                                        for R3 & R4

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https://www.mhc.tn.gov.in/judis
                                                                            W.P.No.32984 of 2024


                                                 ORDER

The writ petition has been filed in the nature of mandamus seeking a direction to the 1-4 respondents to consider the representation given by the petitioner on 02.09.2024 consequent to a notice published by the Village Administrative Officer of Pudupakkam Village, Kelambakkam Panchayat on 23.08.2024.

2.The petitioner is a Residents Welfare Association. The 5th and 6th respondents are also Residents Welfare Associations. It is informed by the learned counsel that the petitioner and the 5th and 6th respondents have aligned themselves with respect to the cause with which the petitioner had now undertaken. According to the petitioner, by the notice dated 23.08.2024, the Village Administrative Officer had informed generally that land adjacent to where the members of the petitioner Association are residing is to be converted to a burial ground. Originally, it was proposed to be used as a solid waste management area. The petitioner had raised objections and thereafter, the present proposal has been put forward by the respondents. The learned counsel for the petitioner stated that the petitioner and the 5th and 6th respondents may be 3/6 https://www.mhc.tn.gov.in/judis W.P.No.32984 of 2024 invited over for discussion regarding the objections which had raised. The representation may be considered after giving due opportunity to all of them.

3.Let the respondents take a consider decision taking into consideration that the objections from the petitioner and also the 5th and 6th respondents. The land is now at SF.No.292, Sathankuppam – Pudupakkam Village, Kelambakkam Panchayat, Vandalur Taluk. The entire exercise may be completed within a period of six weeks from the date of receipt of copy of this order.

4.Writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

12.11.2024 Index : Yes/No NCS : Yes/No KP 4/6 https://www.mhc.tn.gov.in/judis W.P.No.32984 of 2024 To

1.The District Collector Chengleput District Collector Office GST Road Chengleput.

2.The Tahsildar Vandalur Taluk Guduvancherry Chengleput District.

3.The Block Development Officer Thiruporur Chennai 603 110.

4.The President Kelambakkam Panchayat Near Government Hospital Kelambakkam Chengleput District.

C.V.KARTHIKEYAN.,J 5/6 https://www.mhc.tn.gov.in/judis W.P.No.32984 of 2024 KP Writ Petition No.32984 of 2024 12.11.2024 6/6 https://www.mhc.tn.gov.in/judis