Madras High CourtWP/17281/2021dismissed

J.Ramesh v. The Government Of Tamilnadu

2021-08-18Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI W.P. No. 17281 of 2021 and W.M.P. Nos. 18303, 18304 and 18307 of 2021 J.Ramesh

...Petitioner

Vs.

1. The Government of TamilNadu Rep. by its Secretary Public Works Department Fort St. George, Chennai - 9.

2. The State Commissioner of Disabled State of Tamil Nadu, Kamarajar Salai Chennai - 5.

3. The District Collector The District Collector Office Chengalpattu District.

4. The Assistant Director The Survey and Land Records Department Collector Officer, Kanchipuram.

5. The Chief Engineer The office of Tamil Nadu Public Work Department Chengalpattu.

6. The Thasildar Thirukazhukundram Taluk Chengalpattu.

7. The Assistant Engineer Tamil Nadu Public Works Department W.R.D. Irrigation Section Thirukazhukundram.

...Respondents

Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, to direct the Third Respondent to discover the correct survey number, nature and

extent of the property of church building of the Petitioner at Pandukarai, Chinna Colony, Vayalur Village, Thirukazhukundram Taluk before the commencement of eviction proceedings of Seventh Respondent within the time limit fix by this Hon'ble Court. For Petitioner : Mrs. P.Uma For Respondents : Mrs. R.Anitha State Government Counsel

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J) This matter has been heard through "Video Conference". 2.

The Petitioner has come before this Court seeking a direction directing the Third Respondent to discover correct survey number, nature and extent of the property of church building, situated at Pandukarai, Chinna Colony, Vayalur village, Thirukazhukundram Taluk before the commencement of eviction proceedings of the Seventh Respondent. 3.

Heard Mrs. P.Uma, Learned Counsel for the Petitioner and Mrs. R.Anitha, Learned State Government Counsel appearing for the Respondents, and perused the materials placed on record. 4.

Admittedly, the subject property is a Government land and no one has got any exclusive right over the subject property by way of any encroachment. The subject property is being encroached illegally in the name of religious structures. Gods never want their places of dwelling to be constructed on an encroached land. Shockingly and surprisingly, the people are misusing the Gods for their convenience to achieve their illegal objects. This is one such case, in which a place of worship is constructed encroaching upon the Government land without any approval from the competent authorities. Therefore, the Official Respondents have rightly taken action against the Petitioner and the Official Respondents are directed to remove the encroachment in respect of the subject property.

With the above, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

Maya To

1. The Secretary Public Works Department Fort St. George, Chennai - 9.