Palani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Palani .. Petitioner Vs 1 The District Collector Chengalpet District, Collectorate Building Chengalpet District.

2 The Commissioner Corporation of Tambaram Tambaram.

3 The Tahsildar Tambaram Taluk, Tambaram Chennai - 600 045.

4 The Revenue Inspector Tambaram Taluk, Tambaram Chennai - 600 045.

5 Rajadurai .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents 1 to 4

to remove the encroachment made in Old S.No.267/3A1, New S.No.72, Tambaram Taluk, Pulikoradu Village, now Tambaram Village, Chengalpet District, within the limit of Corporation of Tambaram and lay a asphalt road.

For the Petitioner : Mr.S.Sathyaraj For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 4

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) Palani, son of Veerabathiran, a resident of No.28/46, V.O.C. Street, Kasthuribai Nagar, West Tambaram, Tambaram, Chennai45, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 4 to remove the encroachment made in Old S.No.267/3A1, New S.No.72 situated at Pulikoradu Village, now Tambaram Villge, Chengalpet District.

2. In support of the prayer made in the writ petition, Mr.S.Sathyaraj, learned counsel for the petitioner, drew our attention to a copy of the Town Survey Land Register in respect of

Old S.No.267/3A1, New S.No.72, Pulikoradu Village, now Tambaram Village, Chengalpet District and submitted that the said land is classified as "Boosthuthi Pathai" and, therefore, the encroachment made by the fifth respondent has to be removed.

3. Adding further, learned counsel for the petitioner submitted that pursuant to the representation of the petitioner dated 30.7.2021, the Town Surveyor has already visited the property in question and having found that the owner of the land in Survey No.70 has encroached upon the "Boosthuthi Pathai", he had submitted his report dated 10.8.2021 to the Tahsildar, Tambaram. Learned counsel further submitted that based on the report of the Town Surveyor, the Tahsildar, Tambaram has sent a communication on 4.11.2022 to the Commissioner, Tambaram Corporation to remove the encroachment made in New S.No.72. Although the third respondent Tahsildar stated in his letter that there is an encroachment, till date no steps have been taken to remove the encroachment made in the "Boosthuthi Pathai" comprised in New S.No.72.

4. At this juncture, Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 4, submitted that, if four weeks' time is granted, the respondent authorities will remove the encroachment made in "Boosthuthi Pathai".

5. Recording the submission made by learned State Government Pleader, the writ petition is disposed of with a direction to respondent 1 to 4 to remove the encroachment made in the "Boosthuthi Pathai" comprised in New Survey No.72, Old S.No.267/3A1 situated at Pulikoradu Village, now Tambaram Village, Chengalpet District, within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 28.02.2023 Index :

Yes/No Yes/No bbr

To:

1 The District Collector Chengalpet District, Collectorate Building Chengalpet District.

2 The Commissioner Corporation of Tambaram Tambaram.

3 The Tahsildar Tambaram Taluk, Tambaram Chennai - 600 045.

4 The Revenue Inspector Tambaram Taluk, Tambaram Chennai - 600 045.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 28.02.2023