MANAPAKKAM FIRST GRADE VILLAGE PANCHAYAT REP BY ITS PRESIDENT Vs. MEMBER SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By consent, the writ appeal is taken up for final disposal. Mrs.Veena Suresh, learned standing counsel accepts notice on behalf of the 1st respondent ; Mr.R.Udhayakumar, learned Additional Government Pleader accepts notice on behalf of the 2nd respondent and Mr.Ramanathan, learned counsel accepts notice on behalf of the 3rd respondent.

(2.) The 3rd respondent / writ petitioner, on an earlier occasion, filed WP.No.11388/2004, praying for issuance of a writ of certiorarified mandamus to quash the records of the appellant herein dated 31.03.2004 with regard to the construction of the compound wall in S.No.43/1 at Manapakkam Main Road, Chennai-116, put up by the writ petitioner with a further direction, restraining them from interfering with the construction activities. The said writ petition was disposed of on 26.04.2004 with a direction, granting liberty to the respondents therein to measure the disputed area with the help of Surveyor and Field Officer and if the writ petitioner appears to have encroached upon the land and put up the compound wall, action to be taken in accordance with law. Subsequently, the 2nd respondent/District Collector, has passed the impugned proceedings dated 14.06.2004, stating that though in the application for the Planning Permission, the 3rd respondent / writ petitioner has shown the land having width of 33 feet, it varies from place to place between 19 feet to 26 feet and therefore, directed him to execute a Sale Deed conveying the excess land said to be in his occupation.

(3.) The 3rd respondent / writ petitioner made a challenge to the said proceedings by filing WP.No.17176/2004 and the appellant herein also filed WP.No.19436/2004 praying for issuance of a writ of mandamus, by directing the District Collector, Kancheepuram, to exercise the power under section 56 of the Town and Country Planning Act, in respect of the road width on the Eastern side of the Flat constructed in S.No.43/1 of Manapakkam Village, Chennai. Both the writ petitions were taken up for final disposal on 01.10.2004 and the learned Single Judge, having found that the 2nd respondent herein has failed to conduct necessary enquiry in accordance with law to find out as to how the road width has been reduced, has not done the same and therefore, held that the direction, directing the 3rd respondent/writ petitioner to execute necessary Sale Deed to convey the excess land in his possession, cannot be sustained at all and hence, set aside the said order and allowed the writ petition filed by the writ petitioner and consequently, dismissed the writ petition, viz., WP.No.19436/2004 filed by the appellant herein. Challenging the legality of the same, the appellant is before this Court by preferring the present writ appeal.