K.Chandrasekaran v. The District Collector

ORDER [Order of the Court was made by M.SUNDAR, J.,] When the matter was taken up more particularly in the light of the averment in paragraph 2 of the writ affidavit, which reads as follows: '2. I state that I am the social activity persons in the locality of the No.5 of Kayar Village, Thiruporur (Taluk), Chengalpet District. The Kayar Panchayat is consisting Village of 1.Periyakayar 2. Chinnakayar

3.

Eachankadu

and

¶4Chozhanthangal Villages, total extent of 1976.3 Hector, i.e., 19,763 Square Kilometer i.e., 4883.54 Acres, Bounded on north by Village of Kungeari, South by Reserve Forest, East by Village of Thaiyur, West by Village Vembedu in the said locality there are 75% of people dependent upon cultivation and Milk producers and the village in and around developing urbanisation like that fast growth of I.T park, 18 KM away from the Village a Page Nos.6/10 famous I.T.Parks, being at Solinganallur, Duraipakkam,

Mambakkam,

Pudupakkam. Therefore my village is fast developing in the real Estate business, and Reputed private Education institution set-up in my village namely Rajeswari Educational Trust, which is ancillary college of Vellore Institute of Technology i.e.(VIT) and they are also purchased land from private land owners and set up their college.' it comes to light this is a classic case of Public Interest Litigation.

¶2Faced with the above situation, Mr.A.S.Mujibur Rahman, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) but made a plea to preserve all the rights and contentions of the writ petitioner to file a Public Interest Litigation

(PIL) on the same cause of action. We accede to this request and add that we preserve the rights and contentions of not only the writ petitioner but any other person/s who may be concerned in this matter Page Nos.7/10 to file PIL.

¶3Learned counsel on record for writ petitioner has made an endorsement in the case file and a scanned reproduction of the same is as follows:

¶4In the light of the narrative thus far, captioned main WP is disposed of as withdrawn/closed albeit with preservation of the rights and contentions in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (H.C.,J.)

03.06.2025 Index : Yes / No mmi Page Nos.8/10 To

1.The District Collector, Chengalpet District.

2.Office of the Deputy Director of Project, District Town and Country Planning, Chengalpet Zone, Chengalpet District.

3.The Revenue Divisional Officer, Revenue Division, Chengalpattu, Chengalpet District.

4.The Tahsildar, Taluk Office, Thiruporur, Chengalpet District.

5.The Sub Registrar, Thiruporur, Chengalpet District.

6.The Village Administrative Officer, No.5, Kayar Village, Thiruporur (Taluk), Chengalpet District. Page Nos.9/10 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi

03.06.2025 Page Nos.10/10

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR K.Chandrasekaran ... Petitioner Vs. 1.The District Collector, Chengalpet District. 2.Office of the Deputy Director of Project, District Town and Country Planning, Chengalpet Zone, Chengalpet District. 3.The Revenue Divisional Officer, Revenue Division, Chengalpattu, Chengalpet District. 4.The Tahsildar, Taluk Office, Thiruporur, Chengalpet District. 5.The Sub Registrar, Thiruporur, Chengalpet District. 6.The Village Administrative Officer, No.5, Kayar Village, Thiruporur (Taluk), Chengalpet District. Page Nos.1/10 7.Raghupathy, The Secretary of Village Panchayat, No.5, Kayar Village, Thiruporur (Taluk), Chengalpet District. 8.The Ex-Kayar Village President Mrs.Ganga Jagathalaraman, No.473, Kamarajar Street, Kayar Village & Post, Thiruporur (Taluk), Chengalpet District. 9.M/s.Green Home Forms and Resort Pvt. Ltd., rep. By its Managing Director Hazarath Rao, Branch Office at No.35, North Usman Road, T.Nagar, Chennai – 600 017. 10.M/s.The Diamond Engineering Pvt. Ltd., rep. By its Managing Director Mr.Mohanraj, No.179, Rajiv Gandhi Road, Solinganallur, Chennai – 600 119. 11.M/s.Rajeswari Educational and Charitable Trust rep. By its Managing Trustee Mr.Selvam, Registered Office at No.21, 2nd East Main Road, Gandhi Nagar, Katpadi-Vellore, Vellore District. ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to survey the land situate at No.5 Kayar Village in the following survey Page Nos.2/10 numbers: Page Nos.3/10 Page Nos.4/10 and to recover the land from the encroachers/respondents 9 to 11, to release the land for public utilities and to initiate enquiry against the 7th and 8th respondents for their malafide administration of the village and to cancel the sale deeds falsely implicated in DTCP Approval No.30/2012 which was put into the sale deeds executed by the 9th respondent into innocent purchasers and take necessary action against the 9th respondent in accordance with law. For Petitioner : Mr.A.S.Mujibur Rahman Page Nos.5/10