S.Vairamuthu v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.No.20320 of 2024 in S.Vairamuthu S/o.V.Saravanamuthu ... petitioner Vs.
1.
The Commissioner Greater Chennai Corporation Rippon Building, Periyampet Chennai-600 003.
2.
The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.
The Zonal Officer (Zone-12) Greater Chennai Corporation (Alandur) Nagireddy Garden Street Arulaiammanpet, TANSIDCO Page Nos.1/9
Thiru Vi Ka Industrial Estate Guindy, Chennai.
4.
The Executive Engineer Block 37, Zone 12 Greater Chennai Corporation (Alandur) Nagireddy Garden Street Arulaiammanpet, TANSIDCO Thiru Vi Ka Industrial Estate Guindy, Chennai.
5.
The Assistant Engineer Zone 12 - Block 167 Greater Chennai Corporation (Alandur) Nagireddy Garden Street Arulaiammanpet, TANSIDCO Thiru Vi Ka Industrial Estate Guindy, Chennai.
6.
V.Nalina W/o.S.Thirumal 7.
T.Yashwanth S/o.S.Thirumal ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 4 to take appropriate action to remove the encroachment put up by the 6th and 7th respondent in 2nd street, TNGO Colony, Nanganallur, Chennai-61 by considering the petitioner's representation dated 2.05.2024 and 17.06.2024 through online.
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For Petitioner :
Mr.R.Rajarajan For Respondents :
Ms.S.Vanitha Joice Rani for R1, R3, R4 and R5
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity].
2. Mr.R.Rajarajan, learned counsel on record for writ petitioner is before us.
3. Adverting to representations from the writ petitioner dated 02.05.2024 and 17.06.2024 through online, learned counsel submitted that there is alleged encroachment in '2nd Street, T.N.G.O. Colony, Nanganallur, Chennai-600 061' [hereinafter 'said land' for the sake of convenience and clarity] by R6 and R7 before us. To be noted, R6 and R7 are private respondents.
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4. Considering the obtaining position, we are of the view that the captioned WP can be disposed of by ordering notice to official respondents (R1 to R5) and putting in a safety valve / adequate protection qua private respondents i.e., R6 and R7.
5. Issue notice to official respondents i.e., R1 to R5.
6. Ms.S.Vanitha Joice Rani, learned counsel accepts notice for R1, R3, R4 and R5.
7. In the light of what has been alluded to supra and considering the limited scope of the captioned WP, with the consent of both sides, main WP was taken up.
8. It was submitted by learned Additional Government Pleader that G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022 has been put in place, wherein and Page Nos.4/9
whereby Divisional Monitoring committee, District Monitoring Committee and State Steering Committee have been constituted inter alia for a single point reporting / monitoring system qua Government lands.
9. In the light of the narrative thus far, we deem it appropriate to refer the matter to the Divisional Monitoring Committee headed by Revenue Divisional Officer (RDO), Guindy, Chennai South Zone, in the light of G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022.
10. This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land. The Divisional Monitoring Committee shall also ensure that adequate and ample opportunity is given to persons concerned more particularly alleged encroachers (R6 and R7) before taking a call. In this regard, we are acutely conscious that the matter is being disposed of in Admission Board without notice to alleged encroachers and therefore, this safety valve is put in place. To be noted, all the rights and contentions of alleged encroachers are Page Nos.5/9
preserved for being raised before the Committee concerned which shall consider the same on its own merits and in accordance with law untrammeled by this proceedings in this Court.
11. The Divisional Monitoring Committee qua G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022, shall (if it comes to the conclusion that there is encroachment) report the encroachment for further action (for removal of encroachment which again shall be after giving adequate and ample opportunity to alleged encroachers).
12. It is open to the WP petitioner and or anyone concerned with this matter to come to this Court on the same issue even with a similar / same prayer if there are any change of circumstances.
13. We make it clear that we are not expressing any view or opinion as to whether there is encroachment or not qua said land as it turns on facts and it is for the Divisional Monitoring Committee to take a call on this Page Nos.6/9
aspect of the matter.
14. Captioned WP is disposed of with the aforementioned observations and directives in the aforesaid manner. Consequently, connected writ miscellaneous petition is closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 12.07.2024 Index : Yes/No Speaking / Non-speaking order mk To 1.
The Commissioner Greater Chennai Corporation Rippon Building, Periyampet Chennai-600 003.
2.
The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
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3.
The Zonal Officer (Zone-12) Greater Chennai Corporation (Alandur) Nagireddy Garden Street Arulaiammanpet, TANSIDCO Thiru Vi Ka Industrial Estate Guindy, Chennai.
4.
The Executive Engineer Block 37, Zone 12 Greater Chennai Corporation (Alandur) Nagireddy Garden Street Arulaiammanpet, TANSIDCO Thiru Vi Ka Industrial Estate Guindy, Chennai.
5.
The Assistant Engineer Zone 12 - Block 167 Greater Chennai Corporation (Alandur) Nagireddy Garden Street Arulaiammanpet, TANSIDCO Thiru Vi Ka Industrial Estate Guindy, Chennai.
6.
The Revenue Divisional Officer Guindy, Chennai South Zone.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 12.07.2024 Page Nos.9/9