Madras High CourtWP/7594/2011disposed of

K.Shanmugavel Mudaliar v. The Secretary

2024-03-14Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Rajasekar23 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WP Nos. 7594 & 7595 of 2011 and W.P.No.8794 of 2020 and WMP Nos. 10674 & 10675 of 2020

1. K.Shanmugavel Mudaliar 2/764 Pillaiyar Koil St, Pozhichallur, Chennai 74 Petitioner(s) Vs

1. The Secretary Government Of Tamilnadu, Dept. Of Revenue, Fort St.George, Chennai 9 2.The Collector Kanchipuram And Dt 3.The District Revenue Officer Kanchipuram And Dt 4.The Asst. Settlement Officer (North), Survey And Settlement Office, Chepauk, Chennai 5 5.The Tahsildar

Alandur Taluk, 1 St Main Road, Nanganallur, Chennai 61 6.The Special Tahsildhar Natham Land Survey, Krishna Nagar, Mudichur Road, Tambaram, Chennai 45 7.The Director Of Town And Country Planning, DTCP, CMDA Office Complex, C And C Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai, Tamilnadu-600 107.

(R7-impleaded as per Order dated 21.02.2024 in WP.7594/2011 by SMSJ and KRSJ) 8.M.Aruleesan, S/o.P.S.Murugesa Mudaliar, New No.2/309, Pillaiyar Koil St, Pozhichalur, Chennai.74.

9.M.Sarvesan, S/o.P.S.Murugesa Mudaliar, New No.2/310, Pillaiyar Koil St, Pozhichalur, Chennai.74.

(R8 and R9 are impleaded as per Order dated 14.03.2024 in MP.4/2011 in WP.7594/2011 by SMSJ and KRSJ) Respondent(s)

WMP No. 10675 of 2020

1. P.V.Vinayagam Son of Shri Vedhachalam No. 8 / 203 Vedhachalam Street Near Thirumalai Nagar Pozhichalur, Chennai 600 074 Petitioner(s) Vs

1. The State of Tamilnadu Represented by the Secretary, Environment and Forest Department Secretariat, Fort St. George, Chennai 09 2.The Commissioner of Land Administration, Chepauk, Chennai 05 3.The Commissioner of Revenue Administriation Chepauk, Chennai 05 4.The Commissioner Greater corporation of Chennai Rippon Buildings, Chennai 600 003 5.The District Collector Chengalpet, Chengalpet District 6.The District Revenue Officer Tambaram, Chengalpet District 7.The Tahsildar Pallavaram Taluk Chengalpet District

8.The Commissioner Punitha Thomaiyarmalai Panchayat Union at Chitlapakkam No. 20, Chitlapakkam Main Road, Nehru Nagar, Chitlapakkam, Chennai 600 064 9.K.Shanmugavel Son of Shri Kumarasamy Mudaliar, No.

2 / 764 Pillaiyar Koil Street Pozhichalur, Chennai 600 074 10.The Chairman and Managing Director Electricity Board, N.P.K.R Ramasamy Maaligai, No. 144, Anna Salai, Chennai 02 11.The Director Of Town And Country The Director Of Town And Country Planning, Dtcp, Cmda Office Complex, C And C Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai, Tamilnadu-600 107.(R11-impleaded as per Order dated 21.02.2024 in WP.8794/2020 by SMSJ and KRSJ) Respondent(s) WMP No. 10674 of 2020

1. P.V.Vinayagam Son of Shri Vedhachalam No. 8 / 203 Vedhachalam Street Near Thirumalai Nagar Pozhichalur, Chennai 600 074 Petitioner(s)

1. The State of Tamilnadu Represented by the Secretary, Environment and Forest Department Secretariat, Fort St. George, Chennai 09 2.The Commissioner of Land Administration, Chepauk, Chennai 05 3.The Commissioner of Revenue Administration Chepauk, Chennai 05 4.The Commissioner Greater corporation of Chennai Rippon Buildings, Chennai 600 003 5.The District Collector Chengalpet, Chengalpet District 6.The District Revenue Officer Tambaram, Chengalpet District 7.The Tahsildar Pallavaram Taluk, Chengalpet District 8.The Commissioner Punitha Thomaiyarmalai Panchayat Union at Chitlapakkam No. 20, Chitlapakkam Main Road, Nehru Nagar, Chitlapakkam, Chennai 600 064

+9.K.Shanmugavel Son of Shri Kumarasamy Mudaliar, No.

(R11-impleaded as per Order dated 21.02.2024 in WP.8794/2020 by SMSJ and KRSJ) Respondent(s) WP No. 7595 of 2011

1. K.Shanmugavel Mudaliar 2/764 Pillaiyar Koil St, Pozhichallur, Chennai 74 Petitioner(s) Vs

1. The Secretary Government of Tamilnadu, Dept. of Revenue, Fort St.George, Chennai 9 2.The Collector Kanchipuram and Dt

3.The District Revenue Officer Kanchipuram and Dt 4.The Asst. Settlement Officer (North), Survey And Settlement Office, Chepauk, Chennai 5 5.The Tahsildar Alandur Taluk, 1 st Main Road, Nanganallur, Chennai 61 6.The Special Tahsildhar Natham Land Survey, Krishna Nagar, Mudichur Road, Tambaram, Chennai 45 7.The Director Of Town And Country Planning, DTCP, CMFA Office Complex, C And C Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai, Tamilnadu-600 107.

(R7-impleaded as per Order dated 21.02.2024 in WP.7595/2011 by SMSJ and KRSJ) 8.The Joint Commissioner, HR & CE Department, Nungambakkam High Road, Chennai-34.

(R8-impleaded as per Order dated 14.03.2024 in MP.1/2012 in WP.7595/2011 by SMSJ and KRSJ)

9.M.Aruleesan, S/o.P.S.Murugesa Mudaliar, New No.2/309, Pillaiyar Koil St, Pozhichalur, Chennai.74.

10.M.Sarvesan, S/o.P.S.Murugesa Mudaliar, New No.2/310, Pillaiyar Koil St, Pozhichalur, Chennai.74.

(R9 and R10 are impleaded as per Order dated 14.03.2024 in MP.2/2011 in WP.7595/2011 by SMSJ and KRSJ) Respondent(s) WP No. 8794 of 2020

1. P.V.Vinayagam Son of Shri Vedhachalam No. 8 / 203 Vedhachalam Street Near Thirumalai Nagar Pozhichalur, Chennai 600 074 Petitioner(s) Vs

4.The Commissioner Greater Corporation of Chennai Rippon Buildings, Chennai 600 003 5.The District Collector Chengalpet, Chengalpet District 6.The District Revenue Officer Tambaram, Chengalpet District 7.The Tahsildar Pallavaram Taluk Chengalpet District 8.The Commissioner Punitha Thomaiyarmalai Panchayat Union at Chitlapakkam No. 20, Chitlapakkam Main Road, Nehru Nagar, Chitlapakkam, Chennai 600 064 9.K.Shanmugavel Son of Shri Kumarasamy Mudaliar, No.

Koyambedu, Chennai, Tamilnadu-600 107.

(R11-impleaded as per Order dated 21.02.2024 in WP.8794/2020 by SMSJ and KRSJ) Respondent(s) WP No. 7594 of 2011 PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of writ of Certiorarified Mandamus to call for the records relating to the G.O. (Ms) No.1177 Commercial Taxes and Religious Endowment Department dt 30.10.1987 and G.O. No. (General) No. 1971 Revenue (SSII) Department dated 14.10.1988 and pursuant followed by above G.O's consequentially issued by present G.O.(Ms) No.760 Revenue (SSIV) Department dated 19.12.2007 and G.O. (2D) No.37 Revenue (SSIV) Department dated 29.01.2009 issued by the 1st respondent and quash the same as ultra virus and consequently forebear the respondents and their subordinates, from any way restrict or control to refuse grant patta or survey of the petitioners possession and enjoyment of the land ad measuring 6 Acres in S. No.210/2, grama natham, as pozhichallur minor inam Village, Alandur Taluk, Kancheepuram District.

WMP No. 10675 of 2020 PRAYER To grant ad interim direction to the 10th Respondent herein to disconnect the power supply granted to the 9th respondent for the constructions in the properties comprised in Old Survey No. 210/2, New Survey No. 371/1, to an extent of 0.82.5 Hectares and Survey No. 181 measuring an extent of 0.20.5 Hectares situated at Village No. 02, Pozhichalur village, Pallavaram Taluk, Chengapet District pending disposal for the above writ petition. WMP No. 10674 of 2020 PRAYER To grant ad-interim injunction restraining the 9th Respondent herein from putting up further constructions in the properties comprised in Old Survey No.

210/2, New Survey No. 371/1, to an extent of 0.82.5 Hectares and Survey No. 181 measuring an extent of 0.20.5 Hectares situated at Village No. 02, Pozhichalur village, Pallavaram Taluk, Chengalpet District pending disposal of the above writ petition.

WP No. 7595 of 2011 PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of writ of Declaration to call for the records from the 6th respondent and declaring that the Grama Natham survey entire process of measuring, altering the revenue records by drawing an FMB plan and without any enquiry issuing of FORM-1 notice and without any enquiry issued FORM-4 notice, entire all proceedings of the 6th respondent in Grama Natham survey land of Pozhichalur village as per G.O. No. (General) No. 1971 Revenue (SSII) Department dated 14.10.1988 and consequential G.O.(Ms) No.760 (Revenue) Department dated 19.12.2007 and G.O. (2D) No.37 Revenue (SSIV) Department dated 29.01.

2009 as null and void and against law and against the principles of natural justice and consequently declare the same as private property, irrespective of any buildings, sheds are constructed or not such property never vest with government or local bodies or religious endowments as temple sites in respect of Grama Natham property belongs to the petitioner, ad measuring 6 Acres in S.No.210/2, at Pozhichallur minor inam village, Alandur Taluk, Kancheepuram District.

WP No. 8794 of 2020 PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of writ of Mandamus to direct the Respondents 1 to 8 protect and preserve the pond and Thrashing Field comprised in Old Survey No. 210/2, New Survey No. 371/1, to an extent of 0.82.5 Hectares and Survey No. 181 measuring an extent of 0.20.5 Hectares situated at Village No. 02, Pozhichalur village, Pallavaram Taluk, Chengalpet District be maintained as a water body and for public purposes and consequently remove all encroachments thereon in terms of provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and other applicable acts and protect and preserve the said tank.

W.P.No.7594 of 2011 For Petitioner(s): Mr.T.Saikrishnan For Respondent(s):

Mr.Vadivelu Deenadayalan AGP For RR1 to 7 W.P.No.7595 of 2011 For Petitioner(s): Mr.T.Saikrishnan For Respondent(s): Mr.K.Karthikeyan, GA (HR & CE) For R8 Ms.S.P.Arthi For RR9 and 10 W.P.No.8794 of 2020 For Petitioner(s): Mr.N.Nithianandam For Respondent(s): Mr.Vadivelu Deenadayalan AGP For RR1 to 3, 5 to 7 & 11 Mr.V.Jayaprakash Narayanan For R8 Mr.T.Saikrishnan For R9 No appearance For RR4 & 10

ORDER

(Order of the Court was made by S. M. SUBRAMANIAM,J.) The Tahsildar, Pallavaram Taluk, Chengalpet District filed a Status Report. Status Report reveals that pursuant to the orders of this Court, dated 10.03.2025 and considering the large number of encroachments in various

Government lands were involved including water bodies, a Divisional Level Committee has been constituted by the District Collector, Chengalpet in proceeding dated 14.03.2025 to carry out enumeration work and to evict the encroachments in Government lands. The Committee consist of (1) Revenue Divisional Officer, Tambaram - Chairman, (2) Tahsildar, Pallavaram - Member

(3) Executive Engineer, Kosasthalaiyar Basin Division, Thiruvallur - Member,

(4) Deputy Director, Animal Husbandary Department, Chengalpattu - Member

(5) Assistant Director, Mines and Minerals Department, Chengalpattu - Member, (6) Inspector of Survey, Tambaram Division - Member, (7) Block Development Officer, St. Thomas Mount Block - Member, (8) Zonal Deputy Tahsildar, Pallavaram - Member.

2. The learned Additional Government Pleader would submit that as far as the subject Government land involved in the present writ petitions are concerned, notice had been issued and the encroachers are already evicted. The Committee constituted by the District Collector is in the process of carrying out further enumeration work for the purpose of evicting the encroachers in the water bodies and Government lands in the district.

3. It is needless to state that most of the areas in Chengalpet District falls nearby Chennai City i.e., suburban. The market value of the lands are skyrocketing and few greedy men are attempting to grab the government lands even by manipulating the revenue records in a fraudulent manner. Thus, the Committee is expected to be vigilant and evict the encroachers and protect the Government lands, for the benefit of the public and to develop the public welfare projects or schemes as the case may be.

4. In view of the fact that the order of this Court has been complied with and encroachers are evicted, no further orders are required. The Committee constituted shall proceed with the removal of all encroachments as expeditiously as possible, without causing any undue delay. In the event of inaction, omission or otherwise, the petitioners are at liberty to move this Court, for passing further orders or otherwise.

(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 01-04-2025 ssi Index:Yes/No Speaking/Non-speaking order Internet:Yes

WP No. 7594 of 2011 To 1.The Secretary Government Of Tamilnadu, Dept. Of Revenue, Fort St.George, Chennai 9 2.The Collector Kanchipuram And Dt 3.The District Revenue Officer Kanchipuram And Dt 4.The Asst. Settlement Officer (North), Survey And Settlement Office, Chepauk, Chennai 5 5.The Tahsildar Alandur Taluk, 1 St Main Road, Nanganallur, Chennai 61 6.The Special Tahsildhar Natham Land Survey, Krishna Nagar, Mudichur Road, Tambaram, Chennai 45 7.The Director Of Town And Country Planning, DTCP, CMDA Office Complex, C And C Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai, Tamilnadu-600 107.

(R7-impleaded as per Order dated 21.02.2024 in WP.7594/2011 by SMSJ and KRSJ)

8.M.Aruleesan, S/o.P.S.Murugesa Mudaliar, New No.2/309, Pillaiyar Koil St, Pozhichalur, Chennai.74.

9.M.Sarvesan, S/o.P.S.Murugesa Mudaliar, New No.2/310, Pillaiyar Koil St, Pozhichalur, Chennai.74.

(R8 and R9 are impleaded as per Order dated 14.03.2024 in MP.4/2011 in WP.7594/2011 by SMSJ and KRSJ) WMP No. 10675 of 2020 To 1.The State of Tamilnadu Represented by the Secretary, Environment and Forest Department Secretariat, Fort St. George, Chennai 09 2.The Commissioner of Land Administration, Chepauk, Chennai 05 3.The Commissioner of Revenue Administration Chepauk, Chennai 05 4.The Commissioner Greater corporation of Chennai Rippon Buildings, Chennai 600 003 5.The District Collector Chengalpet, Chengalpet District

6.The District Revenue Officer Tambaram, Chengalpet District 7.The Tahsildar Pallavaram Taluk Chengalpet District 8.The Commissioner Punitha Thomaiyarmalai Panchayat Union at Chitlapakkam No. 20, Chitlapakkam Main Road, Nehru Nagar, Chitlapakkam, Chennai 600 064 9.K.Shanmugavel Son of Shri Kumarasamy Mudaliar, No.

2 / 764 Pillaiyar Koil Street Pozhichalur, Chennai 600 074 10.The Chairman and Managing Director Electricity Board, N.P.K.R Ramasamy Maaligai, No. 144, Anna Salai, Chennai 02 11.The Director Of Town And Country The Director Of Town And Country Planning, DTCP, CMDA Office Complex, C And C Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai, Tamilnadu-600 107.

(R11-impleaded as per Order dated 21.02.2024 in WP.8794/2020 by SMSJ and KRSJ)

WMP No. 10674 of 2020 To 1.The State of Tamilnadu Represented by the Secretary, Environment and Forest Department Secretariat, Fort St. George, Chennai 09 2.The Commissioner of Land Administration, Chepauk, Chennai 05 3.The Commissioner of Revenue Administration Chepauk, Chennai 05 4.The Commissioner Greater corporation of Chennai Rippon Buildings, Chennai 600 003 5.The District Collector Chengalpet, Chengalpet District 6.The District Revenue Officer Tambaram, Chengalpet District 7.The Tahsildar Pallavaram Taluk Chengalpet District 8.The Commissioner Punitha Thomaiyarmalai Panchayat Union at Chitlapakkam No. 20, Chitlapakkam Main Road, Nehru Nagar, Chitlapakkam, Chennai 600 064

9.K.Shanmugavel Son of Shri Kumarasamy Mudaliar, No.

(R11-impleaded as Per Order Dated 21.02.2024 in WP.8794/2020 by SMSJ and KRSJ) WP No. 7595 of 2011 To 1.The Secretary Government Of Tamilnadu, Dept. Of Revenue, Fort St.George, Chennai 9 2.The Collector Kanchipuram and Dt 3.The District Revenue Officer Kanchipuram and Dt

4.The Asst. Settlement Officer (North), Survey And Settlement Office, Chepauk, Chennai 5 5.The Tahsildar Alandur Taluk, 1 st Main Road, Nanganallur, Chennai 61 6.The Special Tahsildhar Natham Land Survey, Krishna Nagar, Mudichur Road, Tambaram, Chennai 45 7.The Director of Town and Country Planning, DTCP, CMDA Office Complex, C And C Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai, Tamilnadu-600 107.

(R7-impleaded as per Order dated 21.02.2024 in WP.7595/2011 by SMSJ and KRSJ) 8.The Joint Commissioner, HR & CE Department, Nungambakkam High Road, Chennai-34.

(R8-impleaded as per Order dated 14.03.2024 in MP.1/2012 in WP.7595/2011 by SMSJ and KRSJ) 9.M.Aruleesan, S/o.P.S.Murugesa Mudaliar, New No.2/309, Pillaiyar Koil St, Pozhichalur, Chennai.74.

10.M.Sarvesan, S/o.P.S.Murugesa Mudaliar, New No.2/310, Pillaiyar Koil St, Pozhichalur, Chennai.74.

(R9 and R10 are Impleaded as Per Order dated 14.03.2024 in MP.2/2011 in WP.7595/2011 by SMSJ and KRSJ) WP No. 8794 of 2020 To 1.The State of Tamilnadu Represented by the Secretary, Environment and Forest Department Secretariat, Fort St. George, Chennai 09 2.The Commissioner of Land Administration, Chepauk, Chennai 05 3.The Commissioner of Revenue Administration Chepauk, Chennai 05 4.The Commissioner Greater corporation of Chennai Rippon Buildings, Chennai 600 003 5.The District Collector Chengalpet, Chengalpet District 6.The District Revenue Officer Tambaram, Chengalpet District

7.The Tahsildar Pallavaram Taluk Chengalpet District 8.The Commissioner Punitha Thomaiyarmalai Panchayat Union at Chitlapakkam No. 20, Chitlapakkam Main Road, Nehru Nagar, Chitlapakkam, Chennai 600 064 9.K.Shanmugavel Son of Shri Kumarasamy Mudaliar, No.

(R11-impleaded as per Order dated 21.02.2024 in WP.8794/2020 by SMSJ and KRSJ)

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

ssi WP Nos. 7594 & 7595 of 2011 and W.P.No.8794 of 2020 and WMP Nos. 10674 & 10675 of 01-04-2025