Balamurugan Ramachandran, v. The Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.7311 of 2024 Balamurugan Ramachandran .. Petitioner Vs 1.The Collector No.62, Rajaji Salai 4th Floor, Chennai 600 001.
2.The Tahsildar No.473, T.S.Road Near Cholera Hospital Chennai 600 081.
3.Tamilnadu Electricity Board Rep.by its Assistant Engineer 110/33-11 KV Substation Complex Ennore, Chennai 600 057.
4.District Education Officer (DEO) No.35, 1st Floor Kathivakkam Main Road Opposite Ennore Railway Station Kathivakkam, Ennore, Chennai-600 057.
5. P.Narmada 6.Siva Prasad .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the 1st and 2nd respondents to conduct investigation invoking provisions of the Land Encroachment Act, 1905 and take necessary actions against the encroachers.
For the Petitioner : Ms.S.Vennila For the Respondents : Mr.C.Kathiravan Special Government Pleader - for RR 1, 2 and 4
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Ms.S.Vennila, learned counsel for the petitioner, and Mr.C.Kathiravan, learned Special Government Pleader for the respondents 1, 2 and 4.
2. It is submitted that the respondents 5 and 6 were running a school in the Government land and they have unauthorizedly sold the land. Therefore the petitioner seeks a direction to the respondents 1 and 2 to take action against the respondents 5 and 6 under the Land Encroachment Act, 1905.
3. In case it is a Government land, the petitioner can approach the Committee constituted under G.O.Ms.No.64, Revenue and Disaster Management Department (Land Disposal Wing) dated 08.02.2022. If the petitioner approaches the Committee, the application of the petitioner shall be decided following the principles of natural justice and on its own merits.
The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected W.M.P.No.7311 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 13.03.2024 Index :
Yes/No :
Yes/No kst
To 1.The Collector No.62, Rajaji Salai 4th Floor, Chennai 600 001.
2.The Tahsildar No.473, T.S.Road Near Cholera Hospital Chennai 600 081.
3.Tamilnadu Electricity Board Rep.by its Assistant Engineer 110/33-11 KV Substation Complex Ennore, Chennai 600 057.
4.District Education Officer (DEO) No.35, 1st Floor Kathivakkam Main Road Opposite Ennore Railway Station Kathivakkam, Ennore, Chennai-600 057.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(kst) 13.03.2024