M.Gopal v. State,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.3744 of 2020 & 27962 of 2022 W.P.No.3744 of 2020 M.Gopal ..

Petitioner Vs.

State Rep. by

1. The Commissioner to Corporation of Chennai Rippon Building Park Town Chennai 600 003.

2. The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai 600 007.

3. Bullet A.M.Gowdaman

4. The Tahsildar Mambalam Taluk Chennai 78.

..

Respondents [R4 impleaded vide order dated 20.06.2023 in WMP No.25117/22]

W.P.No.27962 of 2022 Virugai V.N.Ravi ..

Petitioner Vs.

1. The Home Secretary Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.

2. The District Collector Fourth Floor, M.Singaravelar Maaligai 62, Rajaji Salai, Chennai Collectorate Chennai 600 001.

3. The Tahsildar Mambalam Taluk No.1, Bharathidasan Salai (Near R.T.O. Office), K.K.Nagar Chennai 600 078.

..

Respondents Prayer: Petitions filed under Article 226 of the Constitution of India seeking (i) a writ of Mandamus directing the 1st and 2nd respondents to remove the MGR statue unauthorisedly installed by the 3rd respondent without permission from the 1st respondent in front of Arulmighu Varasakthi Vinayagar Temple at Pillaiyar Koil Street, Nesappakkam, K.K.Nagar (West) Chennai 600 078, comprised in Old Survey No.115/5 and 115/6, in Block No.2, T.S.No.81 of 103, Nesapakkam Village, Mamabalam-Guindy Taluk, Chennai District; and (ii) a writ of Certiorarified Mandamus to call for the records of the impugned order passed by the 3rd respondent in Na.Ka.2219/2022/A1 dated 10.10.2022 and quash the same and consequently, forbearing the 3rd respondent from removing the statue

of the Former Chief Minister of Tamil Nadu, Dr.M.G.Ramachandran situated at Mambalam Taluk, Nesapakkam Village, Block No.2, Town Survey No.81-Old Survey No.115/5, without following the due process of law.

For the Petitioner : Mr.A.P.Surya Prakasam in W.P.No.3744/20 Mr.C.Vineswaran For Mr.P.Senthilvel in W.P.No.27962/22 For the Respondents : Mr.A.Arun Babu Standing Counsel for Respondent-1 Mrs.R.Anitha Special Government Pleader for Respondents 2 & 4 in W.P.No.3744/20 & for Respondents 1 to 3 in W.P.No.27962/22 No appearance for Respondent-3 in W.P.No.3744/20

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.P.Surya Prakasam, learned counsel and Mr.C.Vigneswaran, learned counsel for Mr.P.Senthilvel, for the petitioners, Mr.A.Arunbabu, learned Standing Counsel for the first

respondent in W.P.No.3744 of 2020 and Mrs.R.Anitha, learned Special Government Pleader for the respondents 2 and 4 in W.P.No.3744 of 2020 and for all the respondents in W.P.No.27962 of 2022.

2. The contention of learned counsel for the petitioner in W.P.No.27962 of 2022 is that the land in question is a Grama Natham land. The provisions of Tamil Nadu Land Encroachment Act, 1905 would not apply.

3. According to learned Special Government Pleader, though notice states that the land in question is Grama Natham, as per 'A' Register, the land in question is a Natham poramboke, i.e. government land.

4. The disputed questions of fact cannot be resolved in a writ petition.

5. The petitioner in W.P.No.27962 of 2022 has a remedy of

appeal under the Act of 1905. The petitioner may file an appeal within ten days from today. If the appeal is filed within ten days, the authority may consider the said appeal as if it is filed within limitation. The petitioner may seek necessary interim order of stay as may be permissible under law. The interim order of status quo shall continue for ten days from today.

6. W.P.No.27962 of 2022 is, accordingly, disposed of. There will be no order as to costs.

7. In the view of the order aforesaid, no further order is necessary in W.P.No.3744 of 2020. Accordingly, the same is disposed of. There will be no order as to costs. Consequently, W.M.P.No.27261 of 2022 is closed.

(S.V.G., CJ.) (D.B.C., J.) 11.10.2023 Index :

Yes/No :

Yes/No kpl

To

1. The Commissioner to Corporation of Chennai Rippon Building Park Town Chennai 600 003.

2. The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai 600 007.

3. The Tahsildar Mambalam Taluk Chennai 78.

4. The Home Secretary Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.

5. The District Collector Fourth Floor, M.Singaravelar Maaligai 62, Rajaji Salai, Chennai Collectorate Chennai 600 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 11.10.2023