Subash Chandra Bose Podhu v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08..07..2015
CORAM
THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. No.26983 of 2009 Subash Chandra Bose Podhu Nala Sangam Nagapattinam District, (Regn.No.183/2008/Nagapattinam) represented by its President S.Pugazhenthi 99, Neela South Street, Nagapattinam.
..Petitioner
Versus
1.State of Tamil Nadu represented by its Secretary to the Government Department of Revenue, Government of Tamil Nadu, Fort St.George, Chennai 600 009.
2.The Secretary to the Government Public Works Department, Government of Tamil Nadu Fort St.George, Chennai 600 009.
3.The Commissioner, Survey and Land Reforms Department Chepauk, Chennai 600 005.
4.The District Collector, Nagapattinam District, Nagapattinam.
5.The Superintending Engineer Public Works Department Nagapattinam.
6.The Tahsildar, Kizh Velur Taluk, Kizh Velur, Nagapattinam District.
7.The Executive Officer, Velankannai Panchayat (Special Grade) 8.The President, Pratabaramapuram Panchayat, Pratabaramapuram, Kizh Velur Taluk, Nagapattinam District 611111. 9.The Management, Lady Shrine Basilica of Our Lady of Health 10.The Management, SPT Lodge, Velankanni, Nagapattinam District.
11.The Management, Lodge Association Building, Velankanni Nagapattinam District.
12.The Management, Happy Lodge, Uthiraya Madha Street, 13.The Management, MRS Lodge, Beach Road, 14.The Management, Joseph John Britto Lodge, 15.The Management, Yagappa Lodge, 16.The Management, VS Anthonysamy Lodge, 17.The Management, Chandra Hotel, Tourist Home, 18.The Management, Dravidar Hotel, Bus Stand
19.The Management, Arulanndam Lodge, 20.The Management, JK Lodge, Ariyanattu Street, 21.The Management, Pushpa Lodge, Ariyanattu Street,
22. The Management, Vincent Joseph Lodge, Ariyanattu Street, 23.The Management, SM Lodge, 24.The Management, Prakash Hotel, Beach Road, 25.The Management, Christraj Mahal, ..Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondents 1 to 8 to evict the respondents 9 to 25 from their illegal encroachments made in Government lands at S.Nos.1A and 1B of Pratabaramapuram Panchayat and Village, S.Nos.10,12,13,14,70, 91,93 to 99, 113 at Velankanni Panchayat and Village and also to remove the encorachmen at sruvey number at 113.1A and on the road passing through S.Nos.95.1, 95.2, 95.3, 95.3B, 95.3C, 95.3D, 95.4A, 95.4B, 95.4C and 95.3A known as Annai Nagar at Velankanni apart from the tanks and water courses at Vellankanni village, Kizh Velur Taluk, Nagapattinam District and ensure its use by the general public.
For Petitioner:: Mr.Sathish Parasraan For Respondents:: Mr.S.T.S.Moorthy Government Pleader assisted by Mr.V.Shanmugasundar for R.1 to R.8.
Mr.S.Sathiamurthy for R.18.
Mr.R.Sureshkumar for R.9 and Mr.A.Babu for R.15.
Mr.M.V.Venkataseshan for R.19.
No appearance for R.10 to R.14, R.16, 17, 20,21,22,23,24 and 25.
O R D E R
(Judgment of Court was made by The Honourable Chief Justice) We have perused the counter affidavit filed by the 4th respondent qua the allegation of unauthorised construction including on water body and Government lands at Annai Nagar, Vellankanni.
2. In the counter affidavit, it is stated by the 4th respondent/District Collector that a detailed survey has been made and the actual unauthorised occupation was sorted out and suitable directions have been issued to the officials concerned to take action for removal of encroachment after observing the statutory formalities.
3. The aforesaid should take care of the concerns of the petitioner provided the implementation action takes place.
4. We thus dispose of the writ petition with a direction to the respondents/authorities to proceed in accordance with law against the unauthorised construction as identified by them and submit a status report to this Court within three months from today, giving the details sought as to the encroachments, nature of construction, date of removal and the status of any proceedings pending.
5. The writ petition accordingly stands disposed of. No costs.
6. List for compliance on 14.10.2015. The status of the bridge as to the date of its completion also be stated and the reason for the delay in completion.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksr
To
1. Secretary to the Government,Department of Revenue, Government of Tamil Nadu, Fort St.George, Chennai 600 009. 2.The Secretary to the Government Public Works Department, Government of Tamil Nadu Fort St.George, Chennai 600 009.
3.The Commissioner, Survey and Land Reforms Department Chepauk, Chennai 600 005.
4.The District Collector, Nagapattinam District, Nagapattinam. 5.The Superintending Engineer,Public Works Department, Nagapattinam. 6.The Tahsildar, Kizh Velur Taluk, Kizh Velur, Nagapattinam District. 7.The Executive Officer, Velankannai Panchayat (Special Grade) 8.The President, Pratabaramapuram Panchayat, Pratabaramapuram, Kizh Velur Taluk, Nagapattinam District 611111. +1cc to M/s.R. Suresh Kumar, Advocate, S.R.No.34306 +1cc to the Government Pleader, S.R.No.34386 RSK(CO) EU(21/07/2015) WP.No.26983 of 2015