S.Karunanidhi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Karunanidhi ..

Petitioner Vs.

1. The District Collector Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer Kancheepuram District, Kancheepuram.

3. The Tahsildar Kundrathur Taluk Office Kundrathur, Chennai - 600 069.

4. The Village Administrative Officer Sikkarayapuram Village Chennai - 600 069.

5. The Inspector of Police Mangadu Police Station Chennai - 600 122.

6. S.Karthikeyan ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider and dispose of the petitioner's representation dated 20.02.2024 to remove the illegal encroachment in public road at 5th street, Mookambigai Nagar, Sikkarayapuram, Kundrathur, Chennai - 600 059 and cancel the alleged patta vide No.1658 issued by Kundrathur Taluk Office and to retrieve the public road from the clutches of the said S.Karthikeyan. For the Petitioner : Mr.G.V.Sridharan For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R4 Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.Sylvester john for R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.G.V.Sridharan, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 4 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Sylvester John, learned counsel for respondent 5.

2. Learned counsel for the petitioner submits that on the public street, encroachment has been made by the sixth respondent. The

said road exists for more than three decades.

3. The petitioner has stated in the petition that patta has been issued in favour of the sixth respondent. If patta is already issued, the provisions of the Tamil Nadu Land Encroachment Act, 1905 would not apply. The appeal provision exists for challenging the patta issued under the Tamil Nadu Patta Passbook Act, 1983. The aggrieved person may avail the remedy as may be permissible in law. In that event, all contentions of the respective parties are kept open.

4. The writ petition, as such, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 22.03.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer Kancheepuram District, Kancheepuram.

3. The Tahsildar Kundrathur Taluk Office Kundrathur, Chennai - 600 069.

4. The Village Administrative Officer Sikkarayapuram Village Chennai - 600 069.

5. The Inspector of Police Mangadu Police Station Chennai - 600 122.

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

(drm) 22.03.2024