Madras High CourtWP/8838/2017dismissed

Sachidhanantham v. The Principal Secretary

2017-04-13Honourable The Chief Justice,Honourable Mr Justice M. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.8838 of 2017 Sachidhanantham .. Petitioner Vs.

1 The Principal Secretary Ministry of Rural Development Department of Rural Development Government of India Room No.278, Krishi Bhavan New Delhi-110 001.

2 The Director (Rural Connectivity) Ministry of Rural Development Department Rural Development Government of India Room No.278, Krishi Bhavan New Delhi-110 001.

3 The Principal Secretary Department of Rural Development and Panchayat Raj, Government of Tamil Nadu Fort St. George, Chennai-9.

4 The Secretary to Government Highways and Minor Ports Department Fort St. George, Chennai-9.

5 The Director Directorate of Rural Development and Panchayat Raj Panagal Building, Chennai-15.

6 The Director General Highways Department

Integrated Chief Engineer's office HRS Campus No.76, Sardar Patel Road Guindy, Chennai-25.

7 The Commissioner cum Principal Secretary (Training) Directorate of Rural Development and Panchayat Raj Panagal Building, Chennai-15.

8 The District Collector cum Chairman District Rural Development Agency Department of Rural Development and Panchayat Raj Collectorate, Vellore District.

9 The Revenue Divisional Officer Ranipet, Vellore District.

10 The Joint Director/ Planning Director Office of the District Rural Development Vellore District, Vellore.

11 The Assistant Director (Rural) Department of Rural Development and Panchayat Raj Vellore District, Vellore.

12 The Block Development Officer Department of Rural Development and Panchayat Raj Arcot, Vellore District.

13 The Special Tahsildar(Land) Collectorate Campus, Vellore District.

14 The Tahsildar Walajah Taluk, Vellore District.

15 The Village Adiministative Officer Keezhminnal Village, Walajah Taluk Vellore District.

16 M.V.Mathi 17 Seenu .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 8 to 16 to remove the encroachment on the petitioner's patta land in Survey No.1346 situated at Narayanapuram Village, Walajah Taluk, Vellore District by considering the petitioner's representation dated 3.3.2017 in accordance with law within a stipulated time.

For Petitioner : Mr.S.Mohamed Ansar For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for respondents 1 to 15

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) In this writ petition, the petitioner has sought orders directing respondents 8 to 16 to remove encroachment on the petitioner's patta land in Survey No.1346 situated at Narayanapuram Village, Wallajah Taluk, Vellore District.

2. From the averments in the writ petition, it appears that the first respondent introduced a scheme, which is the Pradhan Mantri Gram Sadak Yojana, for renovation and widening of village roads all over India. In Vellore District, the first respondent allocated funds for renovation of over 20 village roads. The scheme was undertaken by the third respondent.

3. It is submitted by Mr.R.Vijayakumar, learned Additional Government Pleader that the extension/widening is being carried out on government land and there is no encroachment of the land belonging to the petitioner.

4. In paragraph (5) of the affidavit of the petitioner, it is stated that the 16th respondent, i.e., the Contractor - M.V.Mathi, has encroached some parts of agricultural lands and dry lands on the two sides of the existing road, as a result of which 20 farmers, including the petitioner, have been affected.

5. It is now contended that the land of the petitioner has been damaged. We are unable to appreciate how land could have been damaged. Perhaps, the petitioner being a farmer, the reference is to crops.

6. Be that as it may, the allegations and the grievances are mainly against respondents 16 and 17. The 16th respondent, as observed above, is the Contractor and the 17th respondent is a person of the locality. The 17th respondent has nothing to do with the Government of Tamil Nadu and the address of the 17th respondent has been wrongly given as Seenu, S/o.Kannan, Government of Tamil Nadu, Fort St. George, Chennai - 600 009. Neither of the aforesaid two persons, who are individuals, are amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India. The remedy, if any, of the petitioner lies by way of suit for damages against the said two persons.

The writ petition is, therefore, not entertained and accordingly stands dismissed.

No costs.

Consequently, W.M.P.Nos.9695, 9696 and 9785 of 2017 are closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The Principal Secretary Ministry of Rural Development Department of Rural Development Government of India Room No.278, Krishi Bhavan New Delhi-110 001.