J.Jeevakumar Immanuel Joseph v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No 11299 of 2021 J.Jeevakumar Immanuel Joseph .. Petitioner -vs1. The State of Tamil Nadu, Secretary to Govt., Department of Revenue, Fort St. George, Chennai 600 009.
2. The District Collector, Tiruvallur District, First Floor, Collectorate, Tiruvallur 602 001.
3. The Tahsildar, Poonamallee, No.5, Trunk Road, Poonamallee, Chennai 600 056.
4. K.Selvam
5. Satyanarayana
6. G.Adhimulam
7. A.Kala
8. M.Muninathan
9. Ponnuvel .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to remove encroachments in Survey No.197 of Vannankulam, Poonamallee Taluk, Thiruvallur District, Survey No.197/1, 210/2, 211, 212, 213 and 214 of Kattupakkam Village, Poonamallee Taluk, Thiruvallur District, Survey No.23, 40, 55,60, 61, 62/1, 73/1, 79/1,
86, 87, 88 and 93 of Goparasanallur, Poonamallee Taluk, Thiruvallur District and burial ground in Kattupakkam Village, Poonamallee Taluk, Thiruvallur District.
For the Petitioner :
Mr.T.Karkkivelan For the Respondents :
Mrs.R.Anitha, Special Government Pleader, for RR 1 to 3 :
No appearance for RR 4, 7 & 9 :
Not ready in notice reg. R5 :
R6 died steps not taken.
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.T.Karkkivelan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for the respondents 1 to 3.
The Tahsildar, Poonamallee, has placed on record the action taken report. It is submitted that the encroachments in Survey No. 55 of Goparasanallur Village has been removed and the encroachers are evicted. Similarly, commercial encroachments are identified in Survey No. 79/1 and they are also removed and evicted. As far as the encroachments in Survey No. 62/1 is concerned, after considering the
rival submissions, a decision would be taken. Similarly, in case of Survey Nos.8/1 and 8/3 of Kattupakkam village is concerned, it is ascertained that certain encroachments were noticed and eviction will be carried out following the provisions of Tamil Nadu Land Encroachment Act, 1905. Further steps are undertaken in respect of other encroachments are concerned.
In view of the action taken report filed by the Tahsildar, the writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (P.D.A., J.) 16.06.2023 Index : yes/no : Yes/No sra To:
1. The Secretary to Govt. of Tamil Nadu, Department of Revenue, Fort St. George, Chennai 600 009.
2. The District Collector, Tiruvallur District, First Floor, Collectorate, Tiruvallur 602 001.
3. The Tahsildar, Poonamallee, No.5, Trunk Road, Poonamallee, Chennai 600 056.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) 16.06.2023