G.Mahendran v. The Secretary To Government
2024:MHC:1445
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.Nos.11082, 11083 & 11089 of 2021 W.P.No.10485 of 2021:
G.Mahendran ... Petitioner Vs.
1.The Secretary to Government, Revenue Department, Fort St. George, Chennai.
2.The Commissioner of Land Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai - 5.
3.The Director of Survey and Settlement, Survey House, Chepauk, Chennai - 5.
4.The District Collector, Thiruvallur District.
5.The District Revenue Officer, Thiruvallur Office.
6.The Revenue Divisional Officer, Ponneri, Tiruvallur District.
7.The Assistant Executive Engineer, Public Works Department (Kosasthalai River Subdivision), Sholavaram Division, Redhills, Chennai.
8.The Tahsildar, Ponneri Taluk, Tiruvallur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the report dated 08.01.2021 in proceedings number Lr.No.K1/13490/2018, on the file of the second respondent herein and to quash the same and to direct the respondents to update the Revenue Records and the Village records pertaining to the impugned order.
W.P.No.10490 of 2021:
G.Murugan ... Petitioner Vs.
1.The Secretary to Government, Revenue Department, Fort St. George, Chennai.
2.The Commissioner of Land Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai - 5.
3.The Director of Survey and Settlement, Survey House, Chepauk, Chennai - 5.
4.The District Collector, Thiruvallur District.
5.The District Revenue Officer, Thiruvallur Office.
6.The Revenue Divisional Officer, Ponneri, Tiruvallur District.
7.The Assistant Executive Engineer, Public Works Department (Kosasthalai River Subdivision), Sholavaram Division, Redhills, Chennai.
8.The Tahsildar, Ponneri Taluk, Tiruvallur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the report dated 08.01.2021 in proceedings number Lr.No.K1/13490/2018, on the file of the second respondent herein and to quash the same and to direct the respondents to update the Revenue Records and the Village records
pertaining to the impugned order.
For Petitioners : Mr.P.Raja (in WP.No.10485 of 2021) : Mr.P.Gnanasekaran (in WP.No.10490 of 2021) For Respondents : Mr.A.Selvendran Special Government Pleader (in 2 WPs) COMMON ORDER [Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ petitions have been filed challenging the proceedings dated 08.01.2021 on the file of the 2nd respondent and to direct the respondents to update the Revenue Records and the Village records pertaining to the impugned order.
2. Such a direction sought for in the nature of injunction cannot be considered in writ proceedings, in the absence of an adjudication or passing an order on merits by the competent authority.
3. The learned counsel for the petitioners would submit that there are no encroachments in the water body. The petitioners are in possession of relevant documents to establish their title or ownership. Thus, the action proposed to be initiated by the authorities are to be injected.
4. Writ petition instituted based on apprehension is not entertainable. Admittedly, no notice under the relevant provisions of the Act has been issued. Encroachments are to be removed by following the procedures as contemplated under the provisions of the Tamil Nadu Land Encroachment Act, 1905 or the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 or under the relevant local bodies Act.
5. The learned Special Government Pleader appearing on behalf of the respondents made a submission that notices have already been issued to the encroachers. Further, he would submit that the encroachments in the 'Eri Ulvai' were identified and notices were issued.
6. That being the factum, the petitioners are at liberty to submit their objections along with the documents to establish their case within a period of ten (10) days from today. The respondents are directed to conduct a thorough enquiry with reference to the encroachments in water body with reference to the documents and revenue records and take a final decision. If encroachments are identified in the water body, there cannot be any further leniency and all such encroachments in the water body are to be removed. The entire exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With the above directions, these Writ Petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S., J.] [K.R.S., J.] 13.03.2024 (2/2) Jeni Index : Yes / No Speaking order / Non-speaking order
To 1.The Secretary to Government, Revenue Department, Fort St. George, Chennai.
2.The Commissioner of Land Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai - 5.
3.The Director of Survey and Settlement, Survey House, Chepauk, Chennai - 5.
4.The District Collector, Thiruvallur District.
5.The District Revenue Officer, Thiruvallur Office.
6.The Revenue Divisional Officer, Ponneri, Tiruvallur District.
7.The Assistant Executive Engineer, Public Works Department (Kosasthalai River Subdivision), Sholavaram Division, Redhills, Chennai.
8.The Tahsildar, Ponneri Taluk, Tiruvallur District.
S.M.SUBRAMANIAM, J.
and K.RAJASEKAR, J.
Jeni 13.03.2024 (2/2)