Selva.G v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2024

CORAM

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU Selva, G.

: Petitioner Vs 1.The District Collector, No.62 Rajaji Salai 4th Floor, Chennai 1 2.The Tahsildar, T.H.Road, Thiruvottiyur, Chennai 19 3.Tamil Nadu Electricity Board rep. By its Assistant Engineer, TNGEDCO, 33/1, All India Radio Nagar, Ernavoor, Chennai 57 4.The Corporation of Chennai rep. By its Commissioner Zonal Office, 1, TH Road, Thiruvottiyur, Chennai 19 5.N.Salaudeen 6.Peer Mohammed

7.J.Seetha : Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing respondents 1 and 2 to conduct investigation invoking provisions of the Land Encroachment Act, 1905 in survey No.619/2 situated at Ernavoor, Thiruvallur District and take necessary actions against the encroachers to remove them.

For Petitioner :

Ms.D.Latha For Respondents 1, 2 :

Mr.Karthik Jegannath, Government Advocate

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has come forward with this writ petition seeking a writ of mandamus directing respondents 1 and 2 to conduct investigation invoking provisions of the Land Encroachment Act, 1905 in survey No.619/2 situated at Ernavoor, Thiruvallur District and take necessary actions against the encroachers to remove them.

2. According to the petitioner, government lands in S.No.619/2, Ernavoor, Thriuvallur District, which are meant for public welfare, are being encroached upon by certain individuals and in this regard, he has given a representation dated 05.06.2024, to respondents 1 to 3 herein. However, no action has been taken to remove the encroachment. Hence, the petitioner has filed this writ petition

seeking a direction against the official respondents to remove the encroachments.

3. Learned Government Advocate submits that the land in question is a Government poromboke land and he has produced 'A' Register to that effect.

4. Without expressing any opinion on the merits of the matter, we dispose of the writ petition directing the second respondent to consider the representation of the petitioner dated 05.06.2024 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity to all the affected parties.

5. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP No.20295 of 2024 is closed. (D.K.K., ACJ.) (K.B., J.) 18.07.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, No.62 Rajaji Salai, 4th Floor, Chennai 1

D. KRISHNAKUMAR, ACJ, AND K.KUMARESH BABU, J.

(tar) 2.The Tahsildar, T.H.Road, Thiruvottiyur, Chennai 19 3.The Assistant Engineer, TNGEDCO, 33/1, All India Radio Nagar, Ernavoor, Chennai 57 4.The Commissioner Corporation of Chennai Zonal Office, 1, TH Road, Thiruvottiyur, Chennai 19

18.07.2024