G.Deva v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Deva .. Petitioner Vs 1 The District Collector Chennai District Chennai- 600 001.
2 The Commissioner Greater Chennai Corporation Ripon Buildings, E.V.R.Road Chennai - 600 003.
3 The Tahsildar Mambalam Taluk Chennai - 600 078.
4 The Joint Commissioner Chennai Zone -II HR and CE Department 130, Ramakrishna Madam Road Mylapore, Chennai - 600 004.
5 The Executive Officer Arulmigu Sakthi Vinayagar Tirukovil PT Rajan Street, K.K.Nagar Chennai- 600 078.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to conduct inspection and to take appropriate legal action to remove the encroachments in the Temple Tank of Varasiththi Vinayagar Temple measuring about 1 Acre situated at Pillayar koil Street, Ward 130, Vadapalani in Kodambakkam Zone, Chennai, Old Survey No. 178 of Saligramam Village, Mambalam Taluk, Chennai District and the encroachments in the 15 feet Road leading to the Temple Tank by considering the petitioner's representation dated 20.12.2022. For the Petitioner : Mr.R.Jayaprakash For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 and 3 : Mr.A.Arun Babu Standing Counsel for the 2nd respondent : Mr.N.R.R.Arun Natarajan Special Government Pleader for respondents 4 and 5
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) G.Deva, son of Gurupadham, a resident of Vadapalani, Chennai, has filed this writ petition seeking issuance of a writ of mandamus
directing respondents 1 to 5 to conduct inspection and to take appropriate legal action to remove the encroachments in the Temple Tank of Varasiththi Vinayagar Temple measuring about 1 Acre situated at Pillayar Koil Street, Ward 130, Vadapalani in Kodambakkam Zone, Chennai, Old Survey No. 178 of Saligramam Village, Mambalam Taluk, Chennai District and the encroachments in the 15 feet Road leading to the Temple Tank by considering the petitioner's representation dated 20.12.2022.
2. Mr.R.Jayaprakash, learned counsel appearing on behalf of the petitioner, would submit that the temple tank in Old Survey No. 178 of Saligramam Village, Mambalam Taluk and the 15 feet road leading to the temple tank have been completely encroached. The petitioner sent a representation to the respondent authorities on 20.12.2022 seeking removal of the encroachments. Since the said representation did not evoke any response, the petitioner has been advised to file the present writ petition.
3.
Mr.P.Muthukumar, learned State Government Pleader
appearing on behalf of respondents 1 and 3, submitted that the second respondent is the competent authority to consider the grievance of the petitioner and, if six weeks' time is granted, the second respondent will conduct a survey of the land in question and thereafter remove the encroachments after giving notice to the encroachers.
4. Recording the submission made by learned State Government Pleader, the writ petition is disposed of with a direction to the second respondent to conduct a survey of the land in question with the assistance of the jurisdictional Surveyor and, if any encroachment is found, the same shall be removed after issuing notice to the encroachers. The entire exercise is to be completed within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 08.02.2023 Index :
No No sasi
To:
1 The District Collector Chennai District Chennai- 600 001.
2 The Commissioner Greater Chennai Corporation Ripon Buildings, E.V.R.Road Chennai - 600 003.
3 The Tahsildar Mambalam Taluk Chennai - 600 078.
4 The Joint Commissioner Chennai Zone -II HR and CE Department 130, Ramakrishna Madam Road Mylapore, Chennai - 600 004.
5 The Executive Officer Arulmigu Sakthi Vinayagar Tirukovil PT Rajan Street, K.K.Nagar Chennai- 600 078.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 08.02.2023