V.Arul v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. V.Arul President, Sirudhavur Panchayt, Thiruporur Taluk, Chenglapattu District Petitioner(s) Vs

1. The District Collector Chenglpattu District 2.The Tahsildar Thiruporur Taluk, Thiruporur, Chengalpattu District, 3.Jayachandran S/o Dhamodaran, No 1/40, Bajanai Koil Street, Sirudhavur Village, Thiruporur Taluk, Chenglapattu District 4.The Deputy Director of Town and Country Planning, Chengalpattu.

5.The Block Development Officer, Thiruporur

[Impleaded R4 and 5 vide order dated 2304.2025 in WMP.No.14673 of 2025] Respondent(s) PRAYER Directing the official respondents to consider the petitioner's representation dated 28.10.2014 and 16.12.2024 and take appropriate action against the 3rd respondent to remove the encroachment as well as unauthorized construction made in Survey No 157/12 and 13 of Sirudhavur Village, Thiruporur Taluk, Chengalpattu District, within the time frame as stipulated by this Court. For Petitioner(s):

Mr.V.R.Anna Gandhi for Mr.M. Muthappan For Respondent(s):

Mr.G.Ameedius Government Advocate for R1 & 2 Mr.Avinash Wadhwani for R3

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the respondents to consider the petitioner's representation dated 28.10.2014 and 16.12.2024 and take appropriate action against the 3 rd respondent to remove the encroachment as well as unauthorized construction made in Survey No 157/12 and 13 of Sirudhavur Village, Thiruporur Taluk, Chengalpattu District. 2.

The Tahsildar, Thiruporur Taluk filed a status report. During inspection, the Tahsildar found that the 3 rd respondent has encroached upon the public road and also natham poromboke land. The extent of encroachments has been stated in the status report filed by the Tahsildar. That apart, the Revenue

Inspector has also issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.

3.

In view of the fact that the encroachments are identified and notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 has been issued, the authorities have to consider the reply, if any, submitted by the 3 rd respondent and pass final orders under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and thereafter, remove the encroachment and resume the land for public purpose. The said exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order. 4.

With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 23-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes 2/2

To 1.The District Collector Chenglpattu District 2.The Tahsildar Thiruporur Taluk, Thiruporur, Chengalpattu District.

3.The Deputy Director of Town and Country Planning, Chengalpattu.

4.The Block Development Officer, Thiruporur

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 23-04-2025 2/2