Samidoss v. The Secretary To Public Works Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI Samidoss ..

Petitioner Vs.

1. The Secretary to Public Works Department Fort St. George, Chennai.

2. District Collector Thiruvallur Thiruvallur District.

3. Revenue Divisional Officer Thiruthani Thiruvallur District.

4. The Tahsildar Thiruthani Thiruvallur District.

5. The Block Development Officer Thiruvelangadu Circle Thiruthani Thiruvallur District.

6. The Deputy Superintendent of Police Thiruthani Thiruvallur District.

7. P.K.Venkatesan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 3 and 4 to implement the order passed by the 3rd respondent vide order dated 12.12.2023 in Na.Ka.in.2696/2023 A3 and consequentially to remove the encroachment made by the 7th respondent vide Survey No.122/4, 122/7 with an extent of 84 cents of Anadheenam land, Arumbakkam Village, Thiruvallur District.

For the Petitioner : Mr.R.Ramesh For the Respondents : Mr.M.Habeeb Rahman Government Advocate for Respondents 1 to 5 Mr.R.Muniyapparaj Additional Public Prosecutor for Respondent-6

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the respondents 3 and 4 to implement the order dated 12.12.2023 passed by the third

respondent for removing the encroachment made by the 7th respondent in Survey Nos.122/4 and 122/7 of an extent of 84 cents of Anadheenam land, Arumbakkam Village, Thiruvallur District.

2. According to the petitioner, the seventh respondent has encroached the land in question, classified as Anadheenam, by putting up construction. Pursuant to the representation made by the petitioner to the third respondent, the third respondent directed the fourth respondent to remove the encroachment. However, no action was taken by the fourth respondent.

3. Learned Government Advocate appearing for the respondents 1 to 5 submits that the fourth respondent, pursuant to the directions given by the third respondent, will take appropriate action for removing the encroachments in the land in question by following due process of law.

4. In the light of that, the writ petition is disposed of, directing the petitioner to make a fresh representation to the fourth respondent and on receipt of such representation, the fourth respondent shall

consider the same and take necessary action to remove the encroachments, if any, after issuing notice to the parties concerned and in accordance with law, within a period of eight weeks thereafter. There shall be no order as to costs.

(D.K.K., ACJ.) (K.B., J.) 07.08.2024 Index :

Yes/No Yes/No kpl To

1. The Secretary to Public Works Department Fort St. George, Chennai.

2. District Collector Thiruvallur, Thiruvallur District.

3. Revenue Divisional Officer Thiruthani, Thiruvallur District.

4. The Tahsildar Thiruthani, Thiruvallur District.

5. The Block Development Officer Thiruvelangadu Circle Thiruthani, Thiruvallur District.

6. The Deputy Superintendent of Police Thiruthani, Thiruvallur District.

D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.

(kpl) 07.08.2024