Syed Salahuddin v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Syed Salahuddin ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Principal Secretary Revenue and Disaster Management Department Land Disposal Wing, (LD1(1) Department Secretariat, Chennai - 600 009.

2. The Commissioner of Land Administration Chepauk, Chennai - 600 005.

3. The District Collector Chengalpattu District Chengalpattu.

4. The Revenue Divisional Officer Tambram, Chengalpattu District.

5. The Tahsildar

6. The Revenue Inspector ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the third respondent in proceedings Na.Ka.No.10883/2023/B3 dated 04.01.2024 and quash the same and consequently direct the respondents to issue patta in petitioner name an extent of 2933 sq.ft in S.No.1352, G.L.R.S.No.338/A, GST Road, St. Thomas Mount Village, Pallavaram Taluk, Chengalpattu District.

For the Petitioner : Mr.V.Jayaprakash Narayanan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R1 to R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.V.Jayaprakash Narayanan, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for respondents 1 to 6.

2. Learned State Government Pleader, on instructions, submits that the encroachment in question has been removed.

3. Learned counsel for the petitioner disputes the said statement.

4. It is submitted that the petitioner has a liberty under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905.

5. The petitioner may avail the said remedy. In that event all contentions of the respective parties are kept open. For a period of seven days from today, none of the parties will deal with the subject property. It is needless to state that on the lapse of seven days, the present protection shall come to an end.

6. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently,W.M.P.Nos.3277 and 3278 of 2024 are closed.

(S.V.G., CJ.) (D.B.C., J.) 09.02.2024 Index :

Yes/No :

Yes/No drm

To

1. The Principal Secretary The Government of Tamil Nadu Revenue and Disaster Management Department Land Disposal Wing, (LD1(1) Department Secretariat, Chennai - 600 009.

2. The Commissioner of Land Administration Chepauk, Chennai - 600 005.

3. The District Collector Chengalpattu District Chengalpattu.

4. The Revenue Divisional Officer Tambram, Chengalpattu District.

5. The Tahsildar

6. The Revenue Inspector

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 09.02.2024