Madras High CourtWP/17107/2018disposed of

P.Selvarajan,S/O.Ponnusamy v. Additional Chief Secretary &

2023-09-12Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Selvarajan ..

Petitioner Vs.

1. Additional Chief Secretary & Commissioner of Land Administration Government of Tamil Nadu Chepauk, Chennai - 600 005.

2. District Collector District Collectorate, Salem District.

3. District Revenue Officer Attur, Salem District.

4. Revenue Divisional Officer Attur, Salem District.

5. Tahsildar Taluk Office Attur - 636 102, Salem District.

6. The Commissioner Attur Municipality Attur - 636 102, Salem District.

[R6 impleaded vide order dated 16.08.2023 in W.P.No.17107 of 2018] ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, direct the 1st & 5th Respondents to take action on the original petition dated 16.08.2017 filed by the petitioner as per Government order in G.O.(Ms)No.540 Revenue (LD6(2)) Department dated 04.12.2014 and evict the encroachers in Survey No.380 388 389 418 & 419. New Survey Nos.31/2, 137, 150, 157 & 161/2. New Ward A Block No.23, Mulluvadi, Attur, Salem District in Government Poromboke Lands classified as "Vandi Paathai". For the Petitioner : Mr.K.Rajasekaran For the Respondents : Mrs.R.Anitha Special Government Pleader for R1 to R5 Mr.B.Anand for R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.Rajasekaran, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 5, Mr.B.Anand, learned counsel for the Municipality and the learned counsel for the party, seeking impleadment.

2. Encroachment is alleged in S.Nos.31/2, 137, 150, 157 & 161/2 situated in Mulluvadi, Attur, Salem District.

3. It is submitted by learned Special Government Pleader that the said survey numbers are cart-tracks and surveys were conducted on 17.08.2023 and 20.08.2023, where, forty-four encroachments were noticed.

4. Form-I notice would be issued to the Municipality today. After Form-I notice is issued to the Municipality, the Municipality shall thereafter take steps in accordance with law expeditiously.

5. The parties are at liberty to file reply to the notice, which would be considered by the Municipality/Planning Authority on its own merits, while taking further steps.

6. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 12.09.2023 Index :

Yes/No :

Yes/No drm