K.Kesavan v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.Nos.18827 & 18835 of 2024 in
1. K.Kesavan S/o.Late Kali @ Kalliappan
2. K.Subramani S/o.Late Kali @ Kalliappan .. Petitioners in W.P.No.17080/2024 E.Karthick S/o.Late Elumalai .. Petitioner in W.P.No.17083/2024 Vs.
1. The Principal Secretary Public Works Department Secretariat, Fort St.George Chennai-600 009.
2. The District Collector Office of the District Collector Rajaji Salai 4th Floor No.62, Beach Road Chennai-600 001.
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3. The Revenue Divisional Officer Chennai North Office Madhavaram Taluk, Puzhal Balaji Nagar, Gandhi Main Street Chennai-600 066.
4. The Tahsildar Madhavaram Taluk Puzhal, Balaji Nagar Gandhi Main Street Chennai-600 066.
5. The Section Officer Redhills Irrigation Wing Water Resources Organization Redhills, Chennai-600 052.
.. Respondents in both WPs Writ petitions filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents not to interfere in the peaceful enjoyment of the land admeasuring 0.52 cents in Survey No.1420/2 bearing Joint Patta No.864 dated 1975 and further forbearing the respondents from proceeding further the process of demolition, encroaching by construction of bund and eviction and consequently, direct them to follow the due process of law in future for the petitioners in respect of their properties situated in Survey No.1420/2, bearing Patta No.864, Madhavaram Village, Madhavaram Taluk, Chennai District.
For Petitioner in both WPs :
Mr.M.Vijay Anand For Respondents in both WPs:
Mr.T.K.Saravanan Government Advocate ***** 2/11
C O M M O N O R D E R (Order of the Court was made by M.Sundar, J.) This terse common order will govern the captioned two main 'Writ Petitions' {hereinafter 'WPs' for the sake of convenience, clarity and brevity} and 'Writ Miscellaneous Petitions' {hereinafter 'WMPs' for the sake of convenience, clarity and brevity} thereat.
2. Writ petitioners are concerned with 'land comprised in S.No.1420/2, admeasuring 0.52 cents or thereabouts in No.34, Madhavaram Village, Saidapet Taluk, Chengalpet District (to be noted, this description is of the year 1975)' {hereinafter 'said land' for the sake of convenience, clarity and brevity}.
3. Mr.M.Vijay Anand, learned counsel on record for writ petitioners, adverting to support writ affidavit submitted that said land is covered by joint patta No.864 but we refrain from expressing any view or opinion on this submission. We also refrain from expressing any view or opinion on writ petitioners' claim qua said land. The reason is the stated position of learned State Counsel which will be set out infra. 3/11
4. We issue notice to respondents in the captioned WPs and Mr.T.K.Saravanan, learned Government Advocate accepted notice for all five respondents in both WPs. Learned State counsel, on written instructions, submitted that at present, action has been kick started i.e., removal of encroachment action has been commenced with regard to S.Nos.1420/1 and 647, admeasuring 103.69.00 Hectares in Madhavaram Village, Saidapet Taluk, Chengalpet District. Learned State counsel adds that commencement of such removal of encroachment action is under 'Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'Tanks Act' for the sake of convenience, clarity and brevity} and 'Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007' {hereinafter 'Tanks Rules' for the sake of convenience, clarity and brevity}.
5. Pursuant to an order of another Hon'ble Division Bench dated 15.04.2021 in W.P.No.4658 of 2019, the respondents are in contempt being Cont P.No.2487 of 2022 and Sub Application No.571 of 2023 which is pending before yet another Hon'ble Division Bench. We deem it appropriate to extract and reproduce the order dated 15.04.2021 made in W.P.No.4658 of 2019 and order dated 26.02.2024 made in 4/11
Cont P.No.2487 of 2022 (to be noted, we are informed that contempt petition is pending) and the same are as follows: Order dated 15.04.2021 in W.P.No.4658 of 2019: 5/11
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Order dated 26.02.2024 in Cont P.No.2487 of 2022: 8/11
6. We revert to allusion supra i.e., allusion as regards stated position of learned State counsel. As the proceedings which have now been kick started pertain to survey numbers other than said land, without expressing any view or opinion on the claim of writ petitioners qua said land, we dispose of captioned WPs and captioned WMPs thereat as closed recording the stated position of learned State counsel. We make it clear that proceedings that have already been commenced will neither be impeded nor will get any impetus qua this order. Captioned WPs and captioned WMPs disposed of as closed in the aforesaid manner. There shall be no order as to costs. (M.S.J.) (K.G.T.J.) 28.06.2024 Index:Yes/No Speaking/Non-speaking order mk 9/11
To
1. The Principal Secretary Public Works Department Secretariat, Fort St.George Chennai-600 009.
2. The District Collector Office of the District Collector Rajaji Salai 4th Floor No.62, Beach Road Chennai-600 001.
3. The Revenue Divisional Officer Chennai North Office Madhavaram Taluk, Puzhal Balaji Nagar, Gandhi Main Street Chennai-600 066.
4. The Tahsildar Madhavaram Taluk Puzhal, Balaji Nagar Gandhi Main Street Chennai-600 066.
5. The Section Officer Redhills Irrigation Wing Water Resources Organization Redhills, Chennai-600 052.
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M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., mk 28.06.2024 (2/2) 11/11