S.Baskar v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Baskar .. Petitioner Vs 1.The Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.
2.The Commissioner, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.
3.The Joint Commissioner, No.308, 1st Floor, Arcot Road, Vellore-632 012.
4.The Assistant Commissioner, Tiruvallur District, Tiruvallur-602 001.
5.The Inspector, Gummidipoondi Circle, Tiruvallur District, Tiruvallur-602 001.
6.The Executive Engineer, Shri Prasanna Venkatesa Perumal Koil, Papankuppam, S.R. Kandigai Post, Gummidipoondi Taluk, Tiruvallur District-601 201.
7.R.Ramesh 8.Ismail .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 6 to survey the temple lands to an extent of 62.57 acres in different survey numbers vide Patta Nos.1038, 1039, 1040, 1043 and 1046 situated at Papankupam Village, Gummidipoondi Taluk, Tiruvallur District, consequently to direct the respondents 1 to 6 for removal of the illegal encroachments made by the respondents 7 and 8 in the said ands based on the representation dated 2.9.2022. For the Petitioner : Mr.V.Ramana Reddy For the Respondents : Mr.P.Muthukumar State Government Pleaer for respondent No.1 : Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR&CE) for respondent Nos.2 to 6
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) S.Baskar, son of Subramani, a resident of Papankuppam Village, Gummidipoondi Taluk, has filed this writ petition for issuance of a writ of mandamus directing respondents 1 to 6 to survey the temple lands to an extent of 62.57 acres in different survey numbers vide Patta Nos.1038, 1039, 1040, 1043 and 1046, situated at Papankuppam Village, Gummidipoondi Taluk and to remove the encroachments made therein by the private respondents 7 and 8.
2. Today when the writ petition is taken up for hearing, learned Special Government Pleader (HR & CE) appearing for respondents 2 to 6, by placing reliance upon the written instructions dated 18.2.2023 received from the sixth respondent, submitted that action has already been initiated to remove the encroachments made in the lands in question and the same would be completed within a period of four months. Anyhow, if
two weeks' time is granted to respondents 2 to 6, they are ready to consider and dispose of the representation of the petitioner dated 2.9.2022.
3. Recording the submission made by learned Special Government Pleader (HR & CE), the writ petition is disposed of with a direction to respondents 2 to 6 to consider and pass orders on the representation of the petitioner dated 2.9.2022, in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. The removal of encroachments, as submitted by learned Special Government Pleader (HR & CE), shall be completed within four months. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 20.02.2023 Index :
No No bbr
To:
1.The Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.
2.The Commissioner, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.
3.The Joint Commissioner, No.308, 1st Floor, Arcot Road, Vellore-632 012.
4.The Assistant Commissioner, Tiruvallur District, Tiruvallur-602 001.
5.The Inspector, Gummidipoondi Circle, Tiruvallur District, Tiruvallur-602 001.
6.The Executive Engineer, Shri Prasanna Venkatesa Perumal Koil, Papankuppam, S.R. Kandigai Post, Gummidipoondi Taluk, Tiruvallur District-601 201.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
bbr 20.02.2023