A.Suriya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.18057 of 2021 A.Suriya .. Petitioner Vs.
1 The District Collector Villupuram District.
2 The Thasildar Vanur, Tindivanam Taluk Villupuram District.
3 Auroville Foundation Rep. by its Secretary Auroville Foundation Bhavan Auroville Villupuram 605 101.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the respondents No.1 and 2 to evict the Encroachments made by the Auroville Foundation foreigners on canyons/odai, public access cart road and also direct to restore it to its original position at the expense of the respondent no.3 and also direct the respondent number 3 to announce the Auroville Master plan perspective 2025 to the affected village people/land owners as per law and also to conduct public hearing, publishing of the Social and Environment Impact assessment as per law in the Auroville Master Plan area within a time frame, under direct vigilance of this Hon'ble court.
For the Petitioner :
Mr.A.Suriya Party-in-Person For the Respondents :
Mr.P.Muthukumar State Govt. Pleader for respondents 1 & 2
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner complains of encroachment into Government land by the third respondent, which is the Auroville Foundation.
2. Mr.P.Muthukumar, learned Government Pleader, takes notice on behalf of the first and second respondents and submits that immediately upon receiving a copy of the petition, the Revenue Divisional Officer exercising jurisdiction over the area has been requested to conduct a survey with appropriate personnel to discover whether the allegations made in the petition are substantiated.
3. Mr.Muthukumar submits that every measure would be taken to ensure that there is no encroachment of any Government land and if any encroachment is found, the encroachment will be removed as expeditiously as possible and in accordance with law.
4. Accordingly, W.P.No.18057 of 2021 is disposed of without previous notice to the third respondent, particularly since no order adverse to the interest of the third respondent has been passed herein. It is needless to say that any inquiry conducted by the concerned Revenue Divisional Officer will be upon notice to the third respondent, since the allegation here is of encroachment into Government land by the third respondent herein. There is no doubt that the Revenue Divisional Officer will give the third respondent a reasonable opportunity of being heard before directing appropriate steps to be taken in the matter in accordance with law.
5. It is hoped that the concerned Revenue Divisional Officer takes appropriate steps, if necessary, within a period of ten weeks from date. It will be open to the petitioner to communicate with the concerned Revenue Divisional Officer as to the extent of encroachment.
6. There will be no order as to costs. W.M.P.No.19282 of 2021 is closed.
Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar tar
To:
1 The District Collector, Villupuram District.
2 The Thasildar, Vanur, Tindivanam Taluk, Villupuram District.
+2ccs to Mr.A.Suriya, Party in person, S.R.No.43521 +1cc to the Government Pleader, High Court, Madras, S.R.No.43628 W.P.No.18057 of 2021 AK-II(CO) SU(03/09/2021)