P.Mohan v. The Chief Executive Officer

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.14244 of 2016 P.Mohan .. Petitioner -vs1.The Chief Executive Officer, Officer of the Cantonment Board, North Parade Road, St. Thomas Mount, Chennai 600 016.

2.Vincent Paul 3.John Bosco 4.Pauti Pavulin 5.Regina Gunasekar 6.Fathima David .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to consider the petitioner representation dated 25.01.2016 to remove the encroachment in Survey No.162, Cantonment Old Pallavaram Village, now known as Cantonment Pallavaram Village, Tambaram Taluk, now at Alandur Taluk. For Petitioner :

Mr.Vijay Narayan, Sr. Counsel for Mr.S.Kumaresan For Respondents :

Mr.C.Mohan for M/s.King and Partridge for R-1

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice.) In this writ petition, the petitioner has sought orders on the first respondent to consider the representation of the petitioner dated 25.01.2016 and to remove the encroachments in S.No.162, Cantonment Old Pallavaram Village, now known as Cantonment Pallavaram Village, Tambaram Taluk, now at Alandur Taluk and for other consequential orders or directions.

2.The facts giving rise to the writ petition are stated very briefly hereinafter:

One Dr.Hari and Mrs.Susma Hari mortgaged a property, i.e. vacant land measuring 3280 sq. ft. in Depo Line Plot No.27, situate at Cantonment Old Pallavaram Village, now known as Cantonment Pallavaram Village, Tambaram Taluk, comprised in Old Survey No.161, presently sub-divided as S.No.161/1B, in favour of Standard Chartered Bank.

2.1.Standard Chartered Bank assigned the mortgage in favour of Assets Reconstruction Company of India Limited, hereinafter referred to as 'ARCIL'.

2.2.ARCIL initiated proceedings against the said Dr.Hari and Mrs.Susma Hari under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as 'Sarfaesi Act'.

2.3.The property was put to auction on or about 16.02.2015. The petitioner purchased the property through auction sale. The petitioner has access to the property from G.S.T. Road in S.No.162, which is Cantonment poramboke land, which was encroached by respondent Nos.2 to 6. The petitioner has been making representations to the first respondent to remove the encroachments obstructing the pathway from G.S.T. Road. 3.Learned counsel appearing on behalf of respondent No.1 submits that the petitioner bought the property in question on 'as is where is' basis, knowing fully well that there were encroachments in the adjacent/access land.

3.1.Be that as it may, proceedings have been initiated against the encroachers under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. It appears that appeals preferred under Public Premises (Eviction of Unauthorised Occupants) Act, 1971, are pending in the Court of the Principal District Judge, Chengalpattu. The following appeals are pending: 1.

Vincent Paul - 2nd Respondent 192.12 sq.ft.

PPCMA No.2

2.

Vincent Paul - 2nd Respondent 141.37 sq.ft.

PPCMA No.2 3.

John Bosco - 3rd Respondent 742.50 sq.

ft., along with 999.60 sq.ft for passage PPCMA No.6 4.

John Bosco - 3rd Respondent 14.89 sq.ft.

PPCMA No.6 5.

Pauti Pavulin - 4th Respondent 180 sq. ft.

along with 999.60 sq.

ft.

for passage PPCMA No.5 6.

Pauti Pavulin - 4th Respondent 57.75 sq.

ft.

PPCMA No.5 7.

Regina Gunasekar 180 sq. ft.

along with 999.60 sq.

ft.

for passage PPCMA No.4 8.

Fathima David - 6th Respondent 568.87 sq.

ft.

along with 999.60 sq. ft. for passage PPCMA No.3 9.

Fathima David - 6th Respondent 209.62 sq.

ft.

PPCMA No.3

10.

Fathima David - 6th Respondent 40 sq. ft.

along with 195.93 sq.

ft. land PPCMA No.3 3.2.The pendency of the appeals has delayed the removal of unauthorised occupants. It is submitted on behalf of respondent No.1 that directions may be issued to the Principal District Judge, Chengalpattu, to dispose of the appeals expeditiously on merits, after giving the parties an opportunity of hearing. 4.Since, respondent No.1 has already initiated proceedings for removal of encroachments under the provisions of the Public Premises (Removal of Unauthorised Occupants) Act, 1971, no further order need be passed in this writ petition, except to direct respondent No.1 to pursue the said proceedings diligently. 5.

We also request the concerned Principal District Judge, Chengalpattu, to dispose of the pending appeals, as expeditiously as possible, after giving the petitioner and the respondents 2 to 6, an opportunity of hearing. It appears that eviction orders have been obtained against some of the unauthorised occupants, namely, Ethiraj, Ravi and Caroline, who are in occupation of land, having not filed any appeal against orders of eviction passed against them on 29.11.2016. The Deputy Commissioner, St. Thomas Mount District Police, shall render necessary assistance to respondent No.1 for eviction of the unauthorised occupants in terms of Section 315 of the Cantonment Act, 2006.

6.Writ petition is, accordingly, disposed of. There shall, however, be no order as to costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra

To 1.The Chief Executive Officer, Officer of the Cantonment Board, North Parade Road, St. Thomas Mount, Chennai 600 016.

2. The Principal District Judge, Chengalpattu.

3. The Deputy Commissioner St. Thomas Mount District Police, Chennai.

+ 4 cc to Mr.S. Kumaresan, Advocate Sr.22989 + 1 cc to M/s. King & Partridge, Advocate SR.22930 W.P.No.14244 of 2016 KK(CO) EU 4.5.17