Mr.M.Jayaram, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Jayaram ..
Petitioner Vs.
1. The District Collector Collectorate Kanchipuram 631 501
2. The Revenue Divisional Officer Taluk Office Complex, Opp. MEPZ G.S.T. Road, Kadaperi West Tambaram Chennai 600 045.
3. The Tahsildar Sholinganallur Taluk No.3, 1st Street, Kumaran Nagar Rajiv Gandhi Salai
4. The Commissioner Rippon Building, Chennai 600 003.
5. The Zonal Officer Zone XV (Sholinganallur) No.120, Rajiv Gandhi Salai (OMR)
6. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu-Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
7. Engineer in Chief (Water Resource Organisation) & Chief Engineer (General) Public Works Department Chepauk, Chennai 600 005.
8. Rajesh Baba Shankar ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 7 to take action on the petitioner's complaint dated 01.11.2017 and to remove the encroachment in about 2.5 acres of land in Erratai Keni Thangal Lake in S.No.507/1 of Sholinganallur Village, Kanchipuram District and demolish the unauthorised and unapproved and unlawful buildings put up thereon in the name of Sri Subramanya Swamy Temple by encroachers and to take proper and appropriate legal action against the encroachers and the officials who aided, abetted and acquiesced in the encroachment of land in S.No.507/1 and the putting up of the unauthorised, unlawful construction in the said Government lands.
For the Petitioner : Mr.Santhanaraman For Mr.G.Vijayakumar For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 3 & 7 Mr.A.Arun Babu for Respondents 4 & 5 Mr.C.N.Vinobha for Respondent-6 Mr.E.Sathish Kumar for Respondent-8
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Santhanaraman, learned counsel for Mr.G.Vijayakumar, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 3 and 7, Mr.A.Arun Babu, learned counsel for the respondents 4 and 5, Mr.C.N.Vinobha, learned counsel for the sixth respondent and Mr.E.Sathish Kumar, learned counsel for the eighth respondent.
2. The encroachment is alleged in S.No.507/1 of Sholinganallur
Village, Kanchipuram District.
3. Learned State Government Pleader submits that a field inspection was made on 12.09.2023 in S.No.507/1 and encroachment was noticed. The authorities would take recourse to the provisions of law for the removal of encroachment.
4. In view of the submission made by learned State Government Pleader, we are not passing any orders in the present matter. It is for the aggrieved parties to take steps in accordance with law if action is initiated.
5. The writ petition is disposed of accordingly. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 07.11.2023 Index :
Yes/No :
Yes/No kpl
To
1. The District Collector Collectorate Kanchipuram 631 501
2. The Revenue Divisional Officer Taluk Office Complex, Opp. MEPZ G.S.T. Road, Kadaperi West Tambaram, Chennai 600 045.
3. The Tahsildar Sholinganallur Taluk No.3, 1st Street, Kumaran Nagar Rajiv Gandhi Salai
4. The Commissioner Rippon Building, Chennai 600 003.
5. The Zonal Officer Zone XV (Sholinganallur) No.120, Rajiv Gandhi Salai (OMR)
6. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu-Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
7. Engineer in Chief (Water Resource Organisation) & Chief Engineer (General) Public Works Department Chepauk, Chennai 600 005.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 07.11.2023