R.T.Kripakaran v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.T.Kripakaran .. Petitioner -vs1. The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai 600 009.
2. The District Collector, Collectorate, GST Road, Chengalpattu.
3. The Building Development Officer, No.20, Chitlappakkam Main Road, Kamaraj Colony, Nehru Nagar, Chitlappakkam, Chennai 600 064.
4. The Tahsildar, Alandur Taluk Office, No.14, Chennai-Nagappattinam Highway, Alandur, Chennai 600 061.
5. The Special Officer/VAO, Nanmangalam Panchayat Office, Nanmangalam, Chennai 600 129.
6. The Tahsildar, Pallavaram Taluk Office, Kannikoil Street, Aishwarya Nagar, Phase-II, Kurinji Nagar, Chromepet, Chennai 600 044.
7. Elumalai .. 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 consider the petitioner's representation dated 16.01.2023 and to clear the encroachments made by 7th respondent herein Mr.Elumalai in the M.R.Nagar Residential area-Chromepet, Chennai with immediate effect.
For the Petitioner :
Mr.Seevam for Mr.G.Sivakumar For the Respondents :
Mrs.R.Anitha, Special Government Pleader, for RR 1 to 6 :
R-7 returned as insufficient address.
* * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Seevam, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for respondent Nos.1 to 6.
2. Encroachment is alleged on the road.
3. The learned Special Government Pleader, on the basis of instructions of Tahsildar, Tambaram, submits that the land in question, that is, S.No.63 to the extent of 0.63.0 hectares, Nanmangalam Village, Tambaram Taluk, is classified as Odai poramboke. The said land was inspected and 7 encroachers were identified. The encroachers' list was sent to the Assistant Executive Engineer, Public Works Water Resources Department, Padappai office, to take necessary action for removal of encroachment along with Form I and Form II.
4. The learned Special Government Pleader submits that Public Works Water Resources Department would now take further action as per the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 expeditiously.
In view of the said statement, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 06.10.2023 Index : Yes/No : Yes/No sra To
1. The Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai 600 009.
2. The District Collector, Collectorate, GST Road, Chengalpattu.
3. The Building Development Officer, No.20, Chitlappakkam Main Road, Kamaraj Colony, Nehru Nagar, Chitlappakkam, Chennai 600 064.
4. The Tahsildar, Alandur Taluk Office, No.14, Chennai-Nagappattinam Highway, Alandur, Chennai 600 061.
5. The Special Officer/VAO, Nanmangalam Panchayat Office, Nanmangalam, Chennai 600 129.
6. The Tahsildar, Pallavaram Taluk Office, Kannikoil Street, Aishwarya Nagar, Phase-II, Kurinji Nagar, Chromepet, Chennai 600 044.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 06.10.2023