M.Selvam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.02.2024

CORAM

THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ M.Selvam .. Petitioner Vs.

1.The District Collector Thiruvallur District Thiruvallur 2.The Inspector General of Registration Inspector General of Registration Office Chennai 600 028 3.The District Registrar District Registrar Office Thiruvallur 4.The Sub Registrar Redhills SRO, Redhills Chennai 600 052 5.B.Vijaya .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 4 to take appropriate action and to remove the encroachments in the following Government poramboke lands situated at 1/6

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Classification of land Nature of the land Village Government Poramboke Water body Vilangadupakkam Government Poramboke Burial ground Vilangadupakkam Government Poramboke Temple Vilangadupakkam 87(1) Government Poramboke Temple Vilangadupakkam 88(1A1A) Government Poramboke Temple Vilangadupakkam Government Poramboke Water body Vilangadupakkam Government Poramboke Cart Track Vilangadupakkam Government Poramboke Burial ground Vilangadupakkam 158(1B) Government Poramboke Waste land Vilangadupakkam Government Poramboke Water body Vilangadupakkam Government Poramboke Water body Vilangadupakkam 242(1) Government Poramboke Washermen place Vilangadupakkam 270(1C, 2A,2B) Government Poramboke Waste land Vilangadupakkam Government Poramboke Waste land Vilangadupakkam 305(2) Government Poramboke Waste land Vilangadupakkam Government Poramboke Waste land Vilangadupakkam Government Poramboke Temple Vilangadupakkam Government Poramboke Temple Vilangadupakkam Government Poramboke Waste land Vilangadupakkam 531(2) Government Poramboke Temple Vilangadupakkam Government Poramboke Paddy field Vilangadupakkam Government Poramboke Canal Vilangadupakkam 622(1) Government Poramboke Waste land Vilangadupakkam Government Poramboke Graze land Vilangadupakkam Government Poramboke Canal Vilangadupakkam Government Poramboke Water channel Vilangadupakkam Government Poramboke Graze land Vilangadupakkam Government Poramboke Graze land Vilangadupakkam 2/6

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Classification of land Nature of the land Village Government Poramboke Temple Sirungaavur 61(1) Government Poramboke Cart Track Sirungaavur 113(2) Government Poramboke Canal Sirungaavur Government Poramboke Water body Sirungaavur 120(1) Government Poramboke Water body Sirungaavur Ponneri Taluk, Tiruvallur District, based on the representation dated 03.02.2023 and 04.08.2023 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.C.Prabakaran For R1 : Mr.T.K.Saravanan Government Advocate For R2 to R4 : Mr.Yogesh Kannadasan Additional Government Pleader

ORDER

(Order of the court was made by R. MAHADEVAN, J.) According to the petitioner, in the village revenue records, it was found that several acres of Government poramboke lands / water bodies were encroached by various individuals. Further, some of the encroached lands were sold and remaining lands were being used according to their necessities. Stating so, the petitioner submitted a representation to the official respondents on 03.02.2023 requesting to conduct enquiry and take necessary steps to remove 3/6

the encroachment. Upon receipt of the same, the Additional Inspector General of Registration, by proceedings dated 24.03.2023, directed the 3rd respondent to take appropriate action under Section 77-A of the Registration Act, 1908 and intimate the action taken to the petitioner. Subsequently, the petitioner approached the 3rd respondent to furnish the details of the action taken on his representation. However, no reply was received. Hence, he submitted another representation to the official respondents on 14.08.2023 requesting to take necessary action against the encroachments made in the lands / water bodies, which was also not considered, till date. Therefore, the petitioner is before this court with the present writ petition as a public interest litigation. 2.

The learned counsel appearing for the petitioner submitted that despite the representations having been made insisting the authorities to restore the Government lands / water bodies, the details of which are furnished by the petitioner in the tabulated form, the official respondents have not taken any steps to remove the encroachments and restore the same as classified. Hence, the learned counsel prayed for appropriate direction to the respondent authorities in this regard, by considering the petitioner's representations dated 03.02.2023 and 14.08.2023.

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3.Heard Mr.T.K.Saravanan, learned Government Advocate, taking notice for the first respondent and Mr.Yogesh Kannadasan, learned Additional Government Pleader, taking notice for the respondents 2 to 4, and also perused the documents enclosed in the typed set of papers. 4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondent authorities to consider the representations of the petitioner dated 03.02.2023 and 14.08.2023 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all the parties concerned, including the petitioner and the fifth respondent herein, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. No costs. [R.M.D,J.] [M.S.Q, J.] 26.02.2024 gya 5/6

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

gya To 1.The District Collector Thiruvallur District Thiruvallur 2.The Inspector General of Registration Inspector General of Registration Office Chennai 600 028 3.The District Registrar District Registrar Office Thiruvallur 4.The Sub Registrar Redhills SRO, Redhills Chennai 600 052 26.02.2024 6/6