S.Jacob v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2017 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.4022 of 2015 S.Jacob ... Petitioner -Vs1. The Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.
2. The Secretary to Government, Municipal Administration and Water Supply & Sewerage Dept., Fort St. George, Chennai 600 009.
3. The Commissioner of Land Administration, Chepauk, Chennai 600 005.
4. The Collector, Kancheepuram - 631 501.
5. The Tahsildar Taluk Office, Alandur @ Nanganallur, Chennai 600 061.
6. The Commissioner of Municipalities, Commissioner of Municipalities, Chepauk, Chennai 600 005.
7. Commissioner of Municipality, Pallavaram Municipality @ Chromepet, Chennai 600 044.
8. Ganesh
9. Chinnammal 10.Perumal ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 4th and 5th respondents to dispose of the petitioner's representation dated 18.6.2014 and further to direct the 5th and 7th respondents to take possession of the Cart Track Poramboke in Old Survey No.251/4, T.S.No.81 of Ward H-BLock 24 of Madipakkam II Village, Alandur Taluk, Pallavaram Municipality, Kanchipuram District after removing encroachments made by respondents 8 to 10. For Petitioner :
Mr.S.Vadivel For Respondents :
Mr.T.N.Rajagopalan Special Government Pleader For RR 1 to 7
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner claims that private respondents 8 to 10 have encroached on cart track poramboke in Old Survey No.251/4, T.S.No.81 of Ward H-BLock 24 of Madipakkam II Village, Alandur Taluk, Pallavaram Municipality, Kanchipuram District, for which initially partial action for removal was taken. 2.Learned counsel for the petitioner states that after filing of the petition, even more construction has been made and no action has been taken by the respondents.
3.No counter-affidavit has been filed for the last almost two years.
4.We are of the view that the fifth respondent / the Tahsildar should cause an inspection to be made of the area to verify the position at site within fifteen (15) days of the receipt of the order and if any encroachments are found, action in accordance with law be taken, after notice to all concerned and the proceedings concluded within a maximum period of three
(3) months thereafter.
Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sra
To
1. The Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.
2. The Secretary to Government, Municipal Administration and Water Supply & Sewerage Dept., Fort St. George, Chennai 600 009.
3. The Commissioner of Land Administration, Chepauk, Chennai 600 005.
4. The Collector, Kancheepuram - 631 501.
5. The Tahsildar Taluk Office, Alandur @ Nanganallur, Chennai 600 061.
6. The Commissioner of Municipalities, Commissioner of Municipalities, Chepauk, Chennai 600 005.
7. The Commissioner of Municipality, Pallavaram Municipality @ Chromepet, Chennai 600 044.
+1cc to Mr.S.Purusothamadoss, Advocate, S.R.No.462 +1cc to Mr.P.Srinivas, Advocate, S.R.No.511 +1cc to Mr.S.Vadivel, Advocate, S.R.No.537 W.P.No.4022 of 2015 KGK(CO) CA(12/01/2017)