G.C.Jain, S/O.Julam Jain, v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE DR.JUSTICE P. DEVADASS W.P. No.28595 of 2015 G.C. Jain
...Petitioner
vs.
The Revenue Divisional Officer Kancheepuram District Kancheepuram The Tahsildar Sriperumbudur Taluk Sriperumbudur Kancheepuram District The Block Development Officer Sriperumbudur Panchayat Union Sriperumbudur Taluk Kancheepuram District The President Santhavellore Panchayat Sriperumbudur Taluk Kancheepuram District Babu
...Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to remove the compound wall put up at the School Street, Jain Nagar, Sunguvarchatram, Sriperumbudur Taluk, Kancheepuram District and direct the respondents 1 to 4 to lay road by considering the petitioner's representation dated 24.12.2014. For petitioner Mr. K.M. Balaji For RR 1 & 2 Mrs. A. Srijayanthi Special Government Pleader
For R3 Mr. N. Sakthivel, Govt.Advocate For R4 Mr. K.G. Senthilkumar For R5 Mr. M. Kamalahasan
ORDER
(delivered by SATISH K. AGNIHOTRI, J.) With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal. This writ petition is filed seeking a writ of mandamus directing the respondents 1 to 4 to remove the compound wall put up at the School Street, Jain Nagar, Sunguvarchatram, Sriperumbudur Taluk, Kancheepuram District and to direct the respondents 1 to 4 to lay road by considering the petitioner's representation dated 24 December 2014.
Alleging that the fifth respondent has made encroachment in the aforesaid place by raising brick walls and digging up a canal, the petitioner has addressed a representation dated 24 December 2014 to the respondents 1 and
2. Inasmuch as the said authorities have not hearkened to the said representation, the petitioner has come up with the instant writ petition seeking the aforestated relief. Pursuant to this Court's notice dated 11 September 2015, the fourth respondent-Panchayat has filed a counter affidavit dated 26 October 2015 stating that the dispute involved herein is the subject matter of O.S. No.279 of 1990, which has been decreed. The petitioner has come up with the instant writ petition suppressing the fact of decretal order of the said suit. Thus, this writ petition is nothing but an attempt to seek execution of the decree passed by the Trial Court. It is also contended that the appeal preferred thereagainst is under consideration.
The first respondent, viz., Revenue Divisional Officer, Kanchipuram District, in his counter affidavit dated 30 October 2015, has taken a clear stand that Santhavellore Panchayat Union School encroached the land in question and constructed a compound wall for the school. It is further contended that it is for the fourth respondent-Village Panchayat and the third respondent, viz., Block Development Officer, Sriperumbudur Panchayat Union, to remove the encroachment in accordance with law. The first respondent further submits that necessary police protection to remove the encroachment will be extended by the first respondent.
On consideration of the averments made in the writ petition as well as counter affidavits, as aforestated, it appears that there is a dispute qua the encroachment and as such, the third respondent is directed to have a spot inspection of the place in question and take necessary steps for removal of the encroachment, if, on inspection, it is found that there is an encroachment, in accordance with law, after affording an opportunity of hearing to the alleged encroachers. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
The writ petition stands disposed of accordingly. Costs made easy.
sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR cad To The Revenue Divisional Officer Kancheepuram District Kancheepuram The Tahsildar Sriperumbudur Taluk Sriperumbudur Kancheepuram District The Block Development Officer Sriperumbudur Panchayat Union Sriperumbudur Taluk Kancheepuram District The President Santhavellore Panchayat Sriperumbudur Taluk Kancheepuram District +1 CC to MR.K.Balaji Advocate. SR.NO. 61287 +1 CC to Govt.Pleader. SR.NO. 61432 W.P. No.28595 of 2015 AR-CO JD 18/11/2015