D.Vijayakumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU D.Vijayakumar ..
Petitioner Vs.
1. The District Collector Rajaji Salai, Fourth Floor No.62, Beach Rd, George Town Chennai, Tamil Nadu 600 001.
2. The Executive Engineer Public Works Department
3. The Tahsildar
4. The Revenue Inspector No.89, Ambattur Village
5. The Village Administrative Officer No.18, Ambattur Village
6. The Commissioner Zone-7, Corporation
7. The Sub Registrar No.6, CTH Road ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Prohibition prohibiting the respondents from initiating any action on schedule property survey No.582/1 situated in Ambattur Village under Tamil Nadu Land Encroachment Act, 1905 (Act III/1905) except due process of law.
For the Petitioner : Mr.G.M.Gokulram For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.G.M.Gokulram, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the
respondents.
2. Learned counsel for the petitioner submits that writ of prohibition be issued against the respondents from initiating any action on the writ property under the Tamil Nadu Land Encroachment Act, 1905, except in accordance with law.
3. We cannot comprehend the manner in which the petition is filed. The officials cannot be prevented from performing statutory duties and or functions. In case an action is initiated under the provisions of any enactment or a statute and the petitioner is aggrieved by that, it is for the petitioner to assail the same as may be permissible under law. However, the writ petition prohibiting the officers under the statute from initiating any action cannot be contemplated.
4. The law presumes that the official act would be properly done. If an encroachment has to be removed, the authorities have to follow the provisions of law. In case, the petitioner is aggrieved by
any action, which, according to the petitioner is illegal, then, the petitioner can assail the said action.
5. The writ petition, as such, is disposed of. There will be no order as to costs. Consequently, W.M.P.No.27146 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index :
Yes/No :
Yes/No kpl To
1. The District Collector Rajaji Salai, Fourth Floor No.62, Beach Rd, George Town Chennai, Tamil Nadu 600 001.
2. The Executive Engineer Public Works Department
3. The Tahsildar
4. The Revenue Inspector
No.89, Ambattur Village
5. The Village Administrative Officer No.18, Ambattur Village
6. The Commissioner Zone-7, Corporation
7. The Sub Registrar No.6, CTH Road
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 25.09.2023