K.N.Raja, S/O.G.Kothandan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ AND W.M.P.Nos.13069, 13071, 13072, 11708, 13067, 13068 and 13070 and 2018 W.P.No.24606 of 2016 K.N.Raja ...

Petitioner Vs.

1. The District Collector, Tiruvallur District, Tiruvallur.

2. The Revenue Divisional Office, Ponneri, Tiruvallur District.

3. The Tahsildar, Ponneri, Tiruvallur District.

4. The Commissioner, Chozhavaram-Town Panchayat Union, Chozhavaram, Tiruvallur District.

5. The Block Development Officer, (General) Chozhavaram - Town panchayat union, Chozhavaram, Tiruvallur District.

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6. The Village Administrative, Officer Aattanthangal Village, Chennai-600 067.

7 Mr.Sampath 8 Mr.Dinakaran 9 Mr.Yuvanesh 10 The National Highways Authority of India, Sri Tower 3rd Floor, D P-34, SP Industrial Estate, Guindy, Chennai - 600 032.

(R10 Impleaded as per order dated 24.10.2017 in WMP.No.12165 of 2017 in W.P.No.24606 of 2016) 11 The Executive Engineer, Tamil Nadu Electricity Board, Avadi, Chennai - 600 054.

(R11-Suo motu impleaded as per order dated 03.01.2018 in W.P.No.24606 of 2016) 12 The Executive Engineer, Tamil Nadu State Highways Department, Ambattur, Chennai.

(R12- Impleaded as per order dated .22.02.2018 in w.P.No.24606 of 2016) 24606/2016) 13 M.Selvarajan 14 S.Udhaya Chandran 15 V.Yasodha 16 K Muniyandi 17 M. Lakshmi 18 Rani 19 D. Indira Page 2/23

20 Visalam 21 Udaya Kumar 22 Najmunisha Bhegam 23 Khandaswamy 24 V Kuppuswamy 25 Vijaya Lakshmi 26 V.Pushpa Leela 27 S.Mubarak Nisha 28 Visalakshi 29 K.Subramani 30 Kasthuribai 31 T Pal Swamy 32 E.Gomathy 33 G.Vaithiyalingam 34 Lakshmi 35 Sugumar 36 S.Karpagam 37 E.Shanthi 38 A.Arokiya Mary 39 A.Fathima 40 Syed abdulnazak 41 J.Senthi Kumar 42 J.Srinivasan 43 S. Janaki 44 Khannan 45 B.Uma Mageswari 46 R Manoharan 47 P.Mohandos 48 Ganesan 49 S Selvam 50 M. Manjula 51 P.Balaji 52 Nadiya 53 Vasudevi 54 Muthuammal 55 Gaja Lakshmi 56 V.Gopi 57 H. Nagalakshmi 58 Vishalakshi 59 K.Manimegalai 60 Shiva Kumar Page 3/23

61 Rasammal 62 Kamuruneesa 63 Dhilip Kumar 64 Marimuthu 65 S. Antony Raj 66 Jayanthi 67 G. Suresh Kumar 68 Leela 69 M. Uma 70 G.Vaithiyalingam 71 Sulekha Bheevi 72 K.Jacob 73 Chitra 74 Selvaraj 75 J.Aabritha 76 J.Srinivasan 77 Gowri 78 Nagomi 79 Katharin 80 G.Yasodha 81 M. Shanthi 82 J.Vidyakanska 83 Gowri 84 Ramesh 85 M.Vishalam 86 Deivanayaki 87 Shanthi 88 G Rajendran 89 S.Loganathan 90 Munuswamy (R-13 to 90 are impleaded vide order dated 20.04.2018 in W.M.P.No.11933 of 2018 in W.P.No.24606 of 2016) 91 K.S.Balaji 92 Haridoss 93 J. Prema Latha 94 K. Deisi Rani 95 Pichaiyammal 96 Arumugam Page 4/23

97 Muniammal 98 S. Padmavathy 99 A. Fathima 100 D. Rajendran 101 A. Mohammed 102 S. Sayed Mohammed 103 Sarala Devi 104 S. Paramasivam Nadar 105 Mubharak Nisha 106 Ramachandran 107 D Mallika 108 V Rekha 109 Jayaraj 110 K. Bhavani 111 S Gayathri 112 G. Chinji Kumar 113 S. Moorthirao 114 Kumudha 115 B. Parvathi 116 Shanmugha Priya 117 Khandaswamy 118 S Prabhakaran 119 Loganatha Rao 120 Chandrabai 121 K. Gangadharan 122 Chinnapandiyan 123 Thalapathy 124 Robert Johnson 125 K. Sowndra Pandiyan 126 R. Srinivasan 127 R.Ramamurthy 128 K. Ravi 129 R Muthu Krishnan 130 M.Selvam 131 M. Bhagawathi 132 R.Jamuna 133 P. Parthasarathy 134 Jothi Lakshmi 135 M. Rahamathbevi 136 S.Jabhamani 137 Manivannan Page 5/23

138 Babu 139 G. Sathish Kumar 140 S.K. Stephen 141 Selvi 142 T.Tamil Selvam 143 Jayakumar 144 M.Lalitha 145 Samatha 146 P. Vijayan 147 N. Madhanagopal 148 R. S. Raghamadhulla 149 R .Habibunisa 150 V.Mohan 151 D. Sathya Narayanan 152 V Dhanasekar 153 J. Jabakkani 154 R. Shanthi 155 V.Thangaraj 156 K. Lakshmi 157 N. Thulasi 158 M.Jagadheesan 159 M. Srinivasan 160 A. Roopawathy 161 B. Kalavathi 162 Vironika 163 V. A. Maria 164 Selviammal 165 S. Elumalai 166 S.Loganathan 167 S. Deva 168 S. Sathiya 169 Ranjitham 170 Koushalya 171 P.Usha 172 K. Babu 173 S. Siva Kumar 174 Sasikala 175 J. Premalatha 176 V. Loganathan 177 Seetha Lakshmi 178 Munuswamy Page 6/23

179 S.Rajendran 180 R. Kamala 181 Sreedharan 182 Kani Rajeshwari 183 Janaki 184 S. Siva Rajan 185 Ramesh 186 Mala 187 Shanthi 188 A.Ganapathi 189 Prabhanjan 190 Nagoor Meeran 191 P. Dillibabu 192 T. Sekar 193 I. John Arokia Dass 194 D. Saravanan 195 Manikandan 196 P. Vettri 197 M. Hari Dass 198 S. Samandhi 199 Leema Priyadharshini 200 N. Murugesan 201 V. Soundari 202 J. Gana Soundari 203 K. Viji 204 T Jennifer Mary 205 B. Revathi 206 A. Arpudha Mary 207 A. Anitha Mary 208 A. Alphonse 209 V. Karuppaiya 210 Harun Shobia 211 S. Zahiruneesha 212 K. Lalitha 213 A. Francis Mary 214 K. Habidha Bhegam 215 R. Pachaiyammal 216 V. R. Nalini 217 B.Kasturi 218 M. Devi Page 7/23

219 V. Vijaya Lakshmi 220 R. Susila 221 Karpagam 222 Amasha 223 M. Senkani 224 P. Chandra Kala 225 S. Williams 226 K. Pon Isaki 227 V. K. Sivaperuman 228 V. Mallika 229 S. Manimeghalai 230 M. Mohammed Kasi 231 S. Kuppamal 232 E. Balu 233 V.Durai 234 K. Manjula 235 P. Ravi 236 K. Selva Raj 237 R. Bala Lakshmi 238 E. Banu 239 K. Angallamal 240 N. Nagavalli 241 K. Dilli 242 K. Kandha Priya 243 T. Shandya 244 S. A. Periyaswamy 245 D. Gana Murthy 246 S. Thameem 247 R. Vasantha 248 R. Karthik 249 A. Selva Kumari Sugirdhamani 250 A. Abdhul Salam 251 V. Babu 252 M. Madhi Azhagan 253 Bhuvaneeswari 254 P. Arulpandiyan 255 Y. Michael Ammal 256 M.Amudha 257 A. Divya Kumari 258 V. Rajeswari 259 A. Yagappan Page 8/23

260 S. Ambika 261 R. Gopi 262 M. Sangeetha 263 K. Petchi Muthu 264 K. Jayakumar 265 V. Devaki (R-91 to 265 are impleaded as per order dated 20.04.2018 in W.M.P.No.11934 of 2018 in W.P.No.24606 of 2016) 266 M. Chandra Sekaran 267 C. Mahalingham 268 T.K.Sekar 269 K.Sela Perumal 270 K. Muthulakshmi 272 M. Shankar 272 Poulina Mary 273 Rani 274 Muthu raku 275 J. Narayana Kani 276 J. Rajadevi 277 J. Janagan 278 A. Jayaseeli 279 Periyanayagi 280 M. Arumugham 281 S. MotchamPouli 282 P. Gana Sangeetha 283 Jaya Chandran 284 A. Natesan 285 A. Raji 286 P. Annaradhi 287 V. Selvakumar 288 B.Uma Mageswari 289 R. Vimala 290 Haridoss 291 S. Shanthi 292 B. Sugukumar 293 K. Kamalakannan 294 Alan Sangith 295 P. Vasuki 296 V.Pushpa Leela Page 9/23

297 B.Ganesan 298 P.Yuvaraj 299 P.Kumar 300 J. Rajadevi 301 G. Suresh 302 R. Durga 303 Devendra Kumar 304 R. Ranganathan 305 E. Ramakrishnan 306 N. Venkatesan 307 Pichaiyammal 308 E. Krishnan 309 M. Antony Dass 310 A. Mary Margret 311 Pm Abduhula 312 C. Dharman 313 R. Rajendran 314 M.H. HemaLatha 315 M.H. Raghavan 316 M. Kalesha 317 V. Sheela 318 V. Mohan 319 A. Nagarajan 320 J. Paul Singh 321 K.Jagajothi 322 Elumalai 323 Thomas Thavamani 324 M. Umarani 325 S. Sulthan 326 P. Munuswamy 327 R.Papa 328 E. Gopal 329 R. Sathya 330 G.Kumar 331 M. Dhinakaran 332 A.S.R.Subburamaraj 333 S. Jayaveerapandiyan 334 R. Manjula 335 R. Chitra 336 G. Malar Vizhi 337 P. Sampath Page 10/23

338 M. Balakrishnan 339 P. Vijayan 340 G. Bhuvana 341 M Jamal Fatheema 342 Ramya Devi 343 Rani (R-266 to 343 are impleaded as per order dated 20.04.2018 in W.M.P.No.11935 of 2018 ...

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the third respondent viz., the Tahsildar, Ponneri, Thiruvallur District to implement the order dated 13.10.2015 vide proceedings in Na.Ka.No.4586/2015/A1 passed by the second respondent viz., Revenue Divisional Officer, Ponneri by demolishing the illegal and unauthorized construction of marriage hall on the land belongs to National Highways situated at Village Survey No.126/11 (Nearby water tank tower), Gandhinagar, Pothanr Main Road, Varaprasad Rao Nagar, Aattanthangal Village, Chozhavaram Panchayat Union, Thiruvallur District.

For petitioner : Mr.P.Chandrasekar For M/s.Lakshmi Narasimhan For respondents : Mr.A.Selvendran Special Government Pleader for R1 to R6 Mr.G.Daisy John for R-13 to R-90 Mr.R.Arvind for R-91 to R-265 Mr.V.Stalin for R-266 to R-343 * * * Page 11/23

W.P.No.9764 of 2018 1.S.Sivalingam 2.K.Jeevaram 3.A.Anbazhagan 4.M.Vigneshwaran 5.K.R.Nelson 6.Sakunthala 7.N.Jaganathan 8.Meenakshi Sundari 9.S.K.Ilangovan 10.K.Sundari 11.A.Narayanasamy 12.V.Sudhakumari 13.K.Sekar 14.D.Issac 15.M.Babu 16.K.Jagajothi 17.P.Kumar ...

Petitioners Vs.

1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Revenue Divisional Officer, Ponneri Division, Thiruvallur District.

3.The Tahsildar, Ponneri Taluk, Thiruvallur District.

4.The Commissioner, Chozhavaram Town Panchayat Union, Chozhavaram, Thiruvallur District.

5.The Block Development Officer, (General), Chozhavaram Town Panchayat Union, Chozhavaram, Thiruvallur District.

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6.The Village Administrative Officer, Attanthangal Village, Chennai - 600 067.

7.The National Highways Authority of India, Sri Tower, 3rd Floor, D P-34, SP Industrial Estate, Guindy, Chennai - 600 032.

8.The Executive Engineer, Tamil Nadu Electricity Board, Avadi, Chennai - 600 054.

9.The Executive Engineer, Tamil Nadu State Highways Department, Ambattur, Chennai - 600 053.

10.K.N.Raja ...

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, forbearing the respondents 1 to 9 herein from evicting the petitioners and demolishing their houses or disconnecting the electricity service connections situated in S.No.126/11, Attanthangal Village, Ponneri Taluk, Thiruvallur District.

For petitioners : Mr.N.R.Anantha Ramakrishnan For respondents : Mr.A.Selvendran Special Government Pleader for R1 to R6 and R9 Mrs.S.R.Sumathy for R7 Mr.P.R.Dillipkumar for R8 Page 13/23

COMMON ORDER (Order of the Court was made by R. MAHADEVAN, J.) Heard the learned counsel appearing for all the parties and also perused the materials placed before this court.

2.The prayer made in W.P.No.24606 of 2016 is to issue a writ of mandamus, directing the third respondent / Tahsildar, Ponneri, Thiruvallur District to implement the order dated 13.10.2015 passed by the second respondent / Revenue Divisional Officer, Ponneri, and demolish the illegal and unauthorized construction of marriage hall on the land belonging to National Highways situated at Village S.No.126/11 (Near Water Tank Tower), Gandhi Nagar, Pothanur Main Road, Varaprasad Rao Nagar, Aattanthangal Village, Chozhavaram Panchayat Union, Thiruvallur District.

The prayer made in W.P.No.9764 of 2018 is to issue a writ of mandamus, forbearing the respondents 1 to 9 from evicting the petitioners and demolishing their houses or disconnecting the electricity service connections in S.No.126/11, Attanthangal Village, Ponneri Taluk, Thiruvallur District. 3.For the sake of better understanding, the cause of action for filing these two writ petitions and the gist of the orders passed therein by this court, are set out below:

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3.1.

Originally, the petitioner in WP.No.24606 of 2016 / 10th respondent in WP.No.9764 of 2018, by name, K.N.Raja, filed a writ petition in W.P.No.23705 of 2015, seeking a direction to the District Collector, Tiruvallur District, to demolish the illegal and unauthorized construction of marriage hall in the Meikaal poramboke land situated in S.No.126/11, Attanthangal Village, Ponneri Taluk, Thiruvallur District. By order dated 04.08.2015, the said writ petition was disposed of, in the following terms:

"The Government has issued an order in G.O.(Ms)No.540, Revenue (LD6(2)) Department, dated 04.12.2014, for constitution of Redressal Committees to dispose of grievances relating to eviction of encroachments. It appears, the petitioner has made a representation on 05.06.2015 qua the illegal encroachment, but no action has been taken yet. In view of the aforesaid, the petitioner can now make a fresh representation to the authority concerned, who, in turn, will pass orders in terms of the aforesaid G.O.

Writ Petition, accordingly, stands disposed of with the aforesaid observation. No costs. Consequently, M.P.No.1 of 2015 stands closed." Pursuant to the aforesaid order, the said K.N.Raja, made a fresh representation to the respondent authorities. Based on the same, the Revenue Divisional Officer, Ponneri, Tiruvallur District, conducted an enquiry and issued a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, to the seventh respondent in WP.No.24606 of 2016, for removal of the illegal construction of the marriage hall. However, nothing progressed. Hence, the Revenue Divisional Officer, Ponneri, Tiruvallur District, vide proceedings dated 13.10.2015, directed the Tahsildar, Ponneri, Tiruvallur District, to demolish the illegal construction of marriage hall on the subject property on 17.10.2015, but the same was not acted upon. Therefore, the said K.N.Raja preferred WP.No.24606 of 2016 seeking a Page 15/23

direction to the respondent authorities to comply with the direction issued in the said proceedings dated 13.10.2015.

3.2.

When the aforesaid WP.No.24606 of 2016 came up for hearing on 22.02.2018, this court passed the following order: "It is represented on behalf of tenth respondent-National Highways Authority of India (NHAI) that the subject property is at Aattanthangal Village, which is along the Red Hills to Thiruvallur Road, which comes under the State Highways SH-114. Hence, this Court suo motu impleads the Executive Engineer, Tamil Nadu State Highways Department, Ambattur, Chennai, as 12th respondent to the Writ Petition. Mr.A.N.Thambidurai, learned Special Government Pleader takes notice for the impleaded 12th respondent.

2. It comes to be known that the first respondent-District Collector, in his proceedings dated 10.03.2016 in Na.Ka.30050/2015/Aa2, had clearly stated that there are about 210 buildings which are under encroachment in S.No.126/11 in Aattanthangal Village. Hence, the 12th respondent-State Highways is directed to conduct survey in respect of S.No.126/11 measuring an extent of 13.69.0 hectares and to submit a status report dated 21.03.2018.

3. The said survey shall be conducted with the help of Taluk Surveyor or a qualified Surveyor from the Revenue Department. If any one of the residents prevents the Surveyor from conducting the survey with regard to the area in question, the authorities may inform the concerned area Assistant Engineer of the TNEB/TANGEDCO to disconnect the electricity supply of those residents/occupants, who object the survey. It is open for the 12th respondent to seek the assistance of the Police concerned, if situation so warrants. The 12th respondent is also directed to show a copy of this order passed by this Court today before the residents/occupants n the area who purportedly raise the objections/prevents the conduct of survey.

4. It is stated by the learned counsel appearing for the tenth respondentNHAI that they have filed counter affidavit in S.R.19232 on 22.11.2017. Registry is directed to put up the counter affidavit filed by the tenth respondent. Registry is also directed to print the name of Mr.A.N.Thambidurai, learned Sp.G.P as appearing for the impleaded 12th respondent.

5. Post the Writ Petition on 21.03.2018. The other respondents shall file counter by then. The 12th respondent shall file a status report, as directed above by then."

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3.3.

Pursuant to the aforesaid order, the Tahsildar, Ponneri, Tiruvallur District, filed a status report dated 26.03.2018 inter alia stating that the subject property was demolished on 23.03.2018; and that, there are several encroachments in S.No.126/11 classified as State Highways poramboke; and hence, reasonable time be granted for effective completion of enumeration process. Taking note of the same, this Court, on 26.03.2018, passed the following order:

"....

4. Today, a status report dated 26.03.2018 is filed by the 3rd Respondent / Tahsildar, Ponneri, who in his report dated 26.03.2018 had stated that in Attanthangal Village (No.112) encroachment of marriage hall in Survey No.126/11 is classified as 'State Highways Poromboke' was pulled down on 23.03.2018.

5. Apart from the above, it transpires from the status report of the 3rd Respondent that in Attanthangal Village (No.112), number of encroachments that are in existence in each street in Survey No.126/11 measuring an extent of 13.69.00 hectare is classified as 'State Highways Poromboke' under his direct supervision, enumeration process commenced by the Taluk Surveyor along with A.E.Highways, VAO and Revenue Inspector, Chozhavaram Firka. ...........

7. From the above extract, it is candidly clear that there are encroachments of about 157 Commercial Shops and 510 houses and for an effective and efficacious removal of encroachment, as stated on behalf of the 3rd Respondent / Tahsildar, Ponneri, four months time is prayed for to complete the enumeration process.

8. Acceding to the request of the 3rd Respondent / Tahsildar, Ponneri as well as 12th Respondent / Executive Engineer, Tamilnadu State Highways Department, Ambattur, four months time is granted to carry out the enumerated work in question and to remove the encroachments, in the Tabular Column, as mentioned above and to file a complete and comprehensive status report by 27.07.2018.

9. In respect of the encroachments made with regard to the commercial establishments as well as residential house, electricity supply shall be disconnected by the 11th Respondent between 20th April and 24th April, 2018. 10....."

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3.4.

Aggrieved by the aforesaid order dated 26.03.2018 passed by this court in WP.No.24606 of 2016, one S.Sivalingam and 16 others, who are the residents of Attanthangal Village in S.No.126/11, filed WP.No.9764 of 2018, for forbearing the respondent authorities from evicting them and demolishing their houses or disconnecting the electricity service connection provided to them. It is averred in the said writ petition that W.P.No.24606 of 2016 was filed only with respect to removal of the unauthorised marriage hall and hence, the order dated 26.03.2018 directing the respondent authorities to demolish the houses of the petitioners in WP.No.9764 of 2018, was beyond the scope of WP.No.24606 of 2016. It is further averred that the houses of the petitioners and other residents in S.No.

126/11 are neither encroachment on the Highway Road nor on road margins, but are far away from the main road. It is also stated that there are four different Nagars, viz., (i) Rajiv Gandhi Nagar, (ii) K.K.Nagar, (iii) Dr.V.P.R.Nagar and (iv) T.H.Road (Gandhi Nagar), which had come into existence in S.No.126/11 way back in 1986 itself and the general public had settled down in the aforesaid Nagars in S.No.126/11 of Attanthangal Village; and that, the residents in S.No.126/11 including the petitioners, are all recognized by the authorities concerned by issuing family cards, voter ID cards, etc.

petitioners are summarily evicted from their houses based on the order dated 26.03.2018, they will be seriously prejudiced. 3.5.

Considering the grievances expressed by the petitioners, this Court by order dated 19.04.2018, passed an interim order in WP.No.9764 of 2018 in the following terms:

"8. Considering the above facts and circumstances and In the light of the submission made, this Court is of the considered view that a prima facie case has been made out by the learned counsel for the petitioners for grant of an interim order, otherwise, the electricity connection granted to the respective premises of the petitioners is likely to be disconnected" and in that event they along with their family members may be put to grave hardship and irreparable loss and balance of convenience as on today also lies in favour of the petitioners. Hence, there shall be an order of ad-interim injunction as prayed for. It is also made clear that till the submission of the enumeration report as directed by this Court in order dated 26.03.2010 in WP.No.24606 of 2017, demolition of the respective premises shall be deferred. It is also made clear that the petitioners, till the disposal of the writ petition, shall not create any third party right in respect of the site / superstructure in question and shall not alter the physical features also." 3.6.

In the mean while, the respondents 13 to 343 were impleaded as parties to WP.No.24606 of 2016. They preferred W.M.P.Nos.13067 to 13072 of 2018 in W.P.No.24606 of 2016, seeking interim injunction restraining the TNEB, its officials, men, servants and agents from disturbing the electricity connection to the houses belonging to the residents located in S.No.126/11 and this court has passed the following order on 27.04.2018:

"The respective learned counsel appearing for the newly impleaded respondents/petitioners in the above miscellaneous petitions, undertake to file individual affidavits of the petitioners, as to the extent of the land in their possession, classification and nature of construction more particularly whether the constructions / superstructures put up by them, are authorised / deviated / unauthorised, and whether any third party rights have been created and as to the documents evidencing their long possession and enjoyment. It is brought to the Page 19/23

knowledge of this Court that in pursuant to the order dated 26.03.2018, urgent steps are being taken by the concerned officials to dispossess the petitioners herein/impleaded respondents from their meagre land holding under the guise of removal of encroachment and basic amenities like electricity supply is also sought to be disconnected.

The primordial submission of the respective learned counsel for petitioners herein/impleaded respondents is that the area in question is well developed by laying road and electricity connection and other benevolent schemes have been extended to them and without putting them on notice and without affording any opportunity, action is taken to dispossess them and prays for appropriate orders.

Per Contra, Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the official respondents would submit that even as per the affidavits, petitioners cxvherein/impleaded respondents are rank encroachers and as such in pursuant to the above said direction issued by this Court, action is being taken strictly in accordance with law.

This Court has considered the rival submissions and also perused the materials placed before it.

In the light of the above facts and circumstances, this Court is prima facie of the view that the petitioners herein/impleaded respondents have not been afforded with any opportunity to put forth their stand. The official respondents shall file a detailed status report as to the number of persons who are said to be in unauthorised occupation or by way of encroachment and the petitioners herein/impleaded respondents, shall extend maximum cooperation to the concerned officials to do such an exercise. The Superintendent of Police, Thiruvallur District, as well as the concerned Subordinate officials are directed to extend their maximum cooperation to the said officials as they apprehend law and order problem also. It is made clear that if any non-cooperation or infraction is noted on the part of the petitioners herein/impleaded respondents and if they are not extending their co-operation, the cause and consequences in connection with the same, may follow.

Call on 14.06.2018, along with other similar matters." As directed by this court in the aforesaid order, the respondents filed enumeration list pertaining to S.No.126/11 of Attanthangal Village, on 13.06.2018, stating that there are 559 encroachments and they sought appropriate direction to proceed with the matter, as per law.

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4.Such being the factual scenario, taking note of the submissions made by the learned counsel for the petitioners in WP.No.9764 of 2018 as well as the impleading respondents in WP.No.24606 of 2016 that the respondent authorities, without issuing any notice, have taken steps against them, as if they are encroaching the lands in S.No.126/11 by constructing houses, and hence, the same are arbitrary, illegal and in violation of the principles of natural justice, this court, without expressing any opinion on the merits of the case, directs the respondent authorities to conduct necessary survey in the presence of all the parties concerned, after issuing due notice to them, verify the documents available and thereafter, pass appropriate orders, on merits and in accordance with law. Such an exercise shall be completed by the respondent authorities, as expeditiously as possible. Till such time, there shall be an order of status quo.

5.With the above directions, both the writ petitions are disposed of. There is no order as to costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D,J.] [M.S.Q, J.] 06.03.2023 r n s Speaking Order /Non-speaking order Internet : Yes.

Index : Yes/No Page 21/23

To

1. The District Collector, Tiruvallur District, Tiruvallur.

2. The Revenue Divisional Office, Ponneri, Tiruvallur District.

3. The Tahsildar, Ponneri, Tiruvallur District.

4. The Commissioner, Chozhavaram-Town Panchayat Union, Chozhavaram, Tiruvallur District.

5. The Block Development Officer, (General) Chozhavaram - Town panchayat union, Chozhavaram, Tiruvallur District.

6. The Village Administrative, Officer Aattanthangal Village, Chennai-600 067.

7. The National Highways Authority of India, Sri Tower 3rd Floor, D P-34, SP Industrial Estate, Guindy, Chennai - 600 032.

8 The Executive Engineer, Tamil Nadu Electricity Board, Avadi, Chennai - 600 054.

9 The Executive Engineer, Tamil Nadu State Highways Department, Ambattur, Chennai.

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R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

r n s W.P.Nos.24606 of 2016 & 06.03.2023 Page 23/23