P.N.Rajkumar v. The Secretary To Government
2024:MHC:2695
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI P.N.Rajkumar S/o.P.C.Natarajan .. Petitioner Vs.
1. The Secretary to Government Department of Revenue Fort St.George, Chennai-600 009.
2. The District Collector Chengalpattu District Chengalpattu - 603 001.
3. The Revenue Divisional Officer Chengalpattu Division Chengalpattu - 603 001.
4. The Tahsildar Thirukkazhukundram Taluk Chengalpattu District.
5. The Executive Officer Mamallapuram Town Panchayat Mamallapuram - 603 104.
6. Kings International Medical Academy 1/10
Rep. by its Chief Executive Officer No.122, East Coast Road, Poonjeri Mamallapuram - 603 104.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the second respondent to remove encroachment on water body (pond) comprised in Survey No.65 of Poonjeri Village, Thirukkazhukundram Taluk, Chengalpattu District based on petitioner's representation dated 09.05.2022. For Petitioner :
Mr.S.Angamuthu For Respondents :
Mr.T.K.Saravanan Government Advocate For R1 to R4 Mr.VPR.Elamparithi, for R5 Mr.T.Ananthasekar, for R6 *****
O R D E R
(Order of the Court was made by M.Sundar, J.) Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'S.No.65 admeasuring 1.13 acres or thereabouts in Poonjeri Village, Thirukazhukundram Taluk, Chengalpattu District' {hereinafter 'said land' for the sake of brevity}.
2. Mr.S.Angamuthu, learned counsel for writ petitioner submits that said land is actually a water body, pond and that R6 has encroached upon the said land. Learned counsel for writ petitioner submits that there was an encroachment earlier by another entity, a writ petition in 2/10
W.P.No.3459 of 2010 was filed and the same was disposed of on 24.02.2010 recording the stated position of R1 that the encroachment will be removed. To be noted, order dated 24.02.2010 made in W.P.No.3459 of 2010 made by another Hon'ble Division Bench is as follows: 3/10
3. Issue notice to respondents.
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4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents 1 to 4. Mr.VPR.Elamparithi, learned counsel accepts notice for R5. Mr.T.Ananthasekar, learned counsel accepts notice for R6.
5. Considering the limited legal perimeter within which the captioned WPs should now perambulate, with the consent of both sides, main WP was taken up.
6. Learned State counsel submits, on instructions, that pursuant to the order dated 24.02.2010 in earlier writ petition, encroachment made by another entity had been removed but said land has been transferred by said entity to R6. Learned State counsel also submitted that 'representation dated 09.05.2022' {hereinafter 'said representation' for the sake of brevity} made by writ petitioner has been sent by R2 to R4 for consideration. To be noted, said representation is as follows: 5/10
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7. The communication from R2 to R4 sending said representation to R4 is as follows:
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8. As regards R6, learned counsel submits that there is no encroachment.
9. In the light of the factual disputation, though R2 has sent said representation of writ petitioner to R4, we deem it appropriate to direct 8/10
R2 to consider said representation and pass orders after show causing R6 and obtaining response from R6. In this drill before R2, order shall be made on the merits of the response of R6 on being show caused and in accordance with law. We also make it clear that if R2 comes to a conclusion that there is any encroachment, proceedings in accordance with law under the applicable Statute shall be commenced and concluded as expeditiously as the business of official respondents and authorities concerned would permit but in any event within a period of eight weeks from today i.e., by 06.09.2024.
Captioned WP disposed of in the aforementioned manner with the above simple directives. There shall be no order as to costs. (M.S.J.) (K.G.T.J.) 12.07.2024 Index:Yes Speaking order mk 9/10
M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., mk To
1. The Secretary to Government Department of Revenue Fort St.George, Chennai-600 009.
2. The District Collector Chengalpattu District Chengalpattu - 603 001.
3. The Revenue Divisional Officer Chengalpattu Division Chengalpattu - 603 001.
4. The Tahsildar Thirukkazhukundram Taluk Chengalpattu District.
5. The Executive Officer Mamallapuram Town Panchayat Mamallapuram - 603 104.
6. Kings International Medical Academy Rep. by its Chief Executive Officer No.122, East Coast Road, Poonjeri Mamallapuram - 603 104.
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