← Library
Madras High CourtWP/8132/2022disposed of

K.Venkatachalam v. The State Of Tamil Nadu

2024-04-18Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.8114 & 8115 of 2022 K.Venkatachalam .. Petitioner -vs1.The State of Tamil Nadu represented by its Secretary to Government Municipal Administration and Water Supply Department, Fort St.George, Secretariat Chennai - 600 009.

2.The District Collector District Collectorate Palladam Road Tiruppur District-641 601.

3.The Revenue Divisional Officer Kumaran Road, Tiruppur District - 641 601.

4.The Commissioner Tirupur City Municipal Corporation Mangalam Road, Tirupur District-641 604.

5. The Tahsildar Tirupur North Taluk Office Kumaran Road, Tirupur District-641 601.

6.The Village Administrative Officer 15, Velampalayam Village Near Anupparpalayam Post Office Tiruppur District - 641 652.

7.Sri Akshaya Trust Represented by its President Nataraj @ Bharani Nataraj Door No.20, Anna Street 15, Velampalayam Tiruppur District-641 652.

8.City Venkatachalam Trustee, Sri Akshaya Trust Door No.82, Swarnapuri Avenue 4th Street, 15, Velampalayam Tirupur District-641 652.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 6 to take expeditious steps to remove the encroachments made by respondents 7 and 8 and restore the land situated at Field Survey No.740/14 at 15 Velampalayam Village, Tiruppur District for public purpose and utilize the said building constructed for locating ration shop and other Government offices after considering the representation of the petitioner dated 24.12.2021 in accordance with law.

For the Petitioner :

Mr.R.Prabakar For the Respondents :

Mr.K.Karthik Jagannath Government Advocate -for RR 1 to 3, 5 and 6 Mr.Abhishek Murthy & Ms.P.Shanthi - for R4 No appearance-for R7 and R8 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Prabakar, learned counsel for the petitioner, Mr.K.Karthik Jagannath, learned Government Advocate for the respondents 1 to 3, 5 and 6, Mr.Abhishek Murthy and Ms.P.Shanthi, learned counsel for the fourth respondent. None appears for the respondents 7 and 8.

2. It is alleged that the building was constructed on the Natham land by the villagers. The villagers contributed for the construction and the respondents 7 and 8, without any authority, are occupying it.

3. Learned Government Advocate submits that the enquiry will be completed within two months and upon enquiry if the respondents 7 and 8 are found to be occupying the land unauthorisedly, immediate steps will be taken for their eviction in accordance with law.

4. In view of the said statement made by the learned Government Advocate, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.V.G., CJ.) (J.S.N.P., J.) 18.04.2024 Index : Yes/No : Yes/No kst

To 1.The State of Tamil Nadu represented by its Secretary to Government Municipal Administration and Water Supply Department, Fort St.George, Secretariat Chennai - 600 009.

2.The District Collector District Collectorate Palladam Road Tiruppur District-641 601.

3.The Revenue Divisional Officer Kumaran Road, Tiruppur District - 641 601.

4.The Commissioner Tirupur City Municipal Corporation Mangalam Road, Tirupur District-641 604.

5. The Tahsildar Tirupur North Taluk Office Kumaran Road, Tirupur District-641 601.

6.The Village Administrative Officer 15, Velampalayam Village Near Anupparpalayam Post Office Tiruppur District - 641 652.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(kst) 18.04.2024