K.K.Rajendran v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.29831 of 2016 K.K.Rajendran .. Petitioner -vs1.The State of Tamil Nadu, rep. by its Secretary to the Govt., Revenue Dept., Fort St. George, 2.The State of Tamil Nadu, rep. by its Secretary to the Govt., Home Department, Fort St. George, 3.The Commissioner of Land Administration Dept., Ezhilagam, Chepauk, Chennai 600 005.

4.The District Collector, Tiruvallur District 602 001.

5.The Tahsildar, Ambattur Taluk, Ambattur, Chennai 600 053.

6.The Inspector of Police, Korattur Police Station, Korattur, Chennai.

7.N.Pon Singh 8.N.Jaysingh 9.N.Udaysingh .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 6 to take expeditious action to evict respondents 7 to 9 from Door No.881 and S.No.320/2B and 320/2C

MTH Road, Padi Village, Ambattur Taluk, Chennai 600 058, within a time frame fixed by this Court.

For Petitioner :

Mr.T.Mohan for M/s.D.Geetha For Respondents :

Mr.M.K.Subramanian, Govt. Pleader, for RR 1to 6 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The allegation of the petitioner in this public interest litigation is that commercial encroachments have been made on Government land/ Highway land comprised in S.No.320/2B and 320/2C of Padi Village, Amba ttur Taluk. It is the case of the petitioner that the existence of the structures causes hindrance to public and traffic and their endeavour to regularise it was rejected by the Tahsildar resulting in the encroachers filing a writ petition No.17525 of 2009. The writ petition is stated to have been dismissed on 16.02.2010, but despite that no action has been taken.

2.We call upon the fourth and fifth respondents to look into the matter and take a decision after notice to all concerned within the maximum period of two (2) months of the date of receipt of the order. If encroachments are found which are liable to be removed, necessary action should be taken in accordance with law within a period of one (1) month thereafter. 3.Writ petition, accordingly, stands disposed of. No costs. 4.It is made clear that the time schedule should be adhered to and if, for any reason, there is some delay, extension of time will have to be sought from the Court to avoid the consequences of contempt proceedings.

sra s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To 1.The Secretary to the Govt. of Tamil Nadu, Revenue Dept., Fort St. George,

2.The Secretary to the Govt. of Tamil Nadu, Home Department, Fort St. George, 3.The Commissioner of Land Administration Dept., Ezhilagam, Chepauk, Chennai 600 005.

4.The District Collector, Tiruvallur District 602 001.

5.The Tahsildar, Ambattur Taluk, Ambattur, Chennai 600 053.

6.The Inspector of Police, Korattur Police Station, Korattur, Chennai.

+ 1 cc to Mrs.D.Geetha, Advocate SR 48734 + 1 cc to Govt. Pleader SR 48771 scd(co) prk1/9 W.P.No.29831 of 2016