R.Mohan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Mohan ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Secretary to State Municipal Administration and Water Supply Department Fort St. George Chennai 600 009.

2. The Commissioner Ripon Buildings Chennai 600 003.

3. The District Revenue Officer Land and Estate Department Ripon Buildings Chennai 600 003.

4. The Zonal Officer Zone-XIII

Adyar Chennai 600 020.

5. The Tahsildar Velachery Taluk Taramani 100 Feet Road Chennai 600 113.

6. M/s. JHN Shasanem Trade Center Private Limited Rep. by its Director Jainullabdeen Haja Najumudeen No.5, Anaikatti Maidan, Beema Nagar Trichy 620 001.

[R5 & R6 impleaded vide order dated 10.02.2023 in WMP No.32303/2022]

7. J.H.Najumudeen ..

Respondents [R7 impleaded vide order dated 10.02.2023 in WMP No.2071/2023] Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to remove the encroachment by fencing the land to an extent of 4 grounds and 1655 square feet, comprised in S.Nos.64, Block No.22 situated in Urur Village, Adyar, Chennai, earmarked and reserved for public purpose and transferred in the name of the second respondent vide document No.1838 of 1971 on the file of the Sub-Registrar, Saidapet, Chennai, after surveying the public purpose land reserved for public purpose by measuring the metes and bounds and to protect and maintain the same as a play area or park for the public purpose.

For the Petitioner : Mr.J.Ashok For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondent-1 Mr.A.Arunbabu for Respondents 2 to 4 Mr.P.L.Narayanan for Respondents 6 & 7

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.J.Ashok, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for the first respondent, Mr.A.Arunbabu, learned counsel for the respondents 2 to 4 and Mr.P.L.Narayanan, learned counsel for the respondents 6 and 7.

2. Learned Special Government Pleader submits that the date for inspection is fixed on 10.08.2023. The inspection would be carried out on the said date. She further submits that pursuant to the inspection, if it is found that there is an encroachment or fencing of

the OSR land, steps would be taken in accordance with law.

3. In view of the aforesaid statement, the writ petition stands disposed of. If, in future, the encroachment subsists in the OSR land, the petitioner is at liberty to approach the Court afresh. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 26.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary to State Municipal Administration and Water Supply Department Fort St. George, Chennai 600 009.

2. The Commissioner Ripon Buildings, Chennai 600 003.

3. The District Revenue Officer Land and Estate Department Ripon Buildings, Chennai 600 003.

4. The Zonal Officer Zone-XIII Adyar, Chennai 600 020.

5. The Tahsildar Velachery Taluk Taramani 100 Feet Road Chennai 600 113.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 26.07.2023