G.V.Balamurugan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM 1.G.V.Balamurugan
2. G.V.Suresh
3. G.V.Ramesh
4. K.Indumathi ... Petitioners Vs.
1.The District Collector, Tiruvallur District, Tiruvallur.
2.The District Revenue Officer, Tiruvallur District, Tiruvallur.
3.The Tahsildar, Maduravoyal Taluk, Chennai.
4.The Inspector of Police (Law And Order) V7, Nolambur Police Station, Chennai-600 037.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 3rd respondent to conduct the detailed survey of the land comprised in Survey 1/5
No.266/1B2A and others measuring an extent of 5.949 acres at Nolambur Village, Maduravoyal Taluk, Chennai District along with the 4th respondent Police to maintain law and order and file a report before this Honourable Court.
For Petitioner : Mr.Krishna Ravindran for Mr.P.Kavin Prabhu For Respondents : Mr.T.Venkatesh Kumar Special Government Pleader
O R D E R
The relief sought for in the present writ petition is to direct the 3rd respondent to conduct a detailed survey of the land comprised in Survey No.266/1B2A and others measuring an extent of 5.949 acres at Nolambur Village, Maduravoyal Taluk, Chennai District along with the 4th respondent Police to maintain law and order and file a report before this Honourable Court.
2. The learned counsel for the petitioner states that they are the joint owners of the subject property described in the writ petition. The adjacent Government lands are under encroachment by some third parties and the 2/5
authorities have not initiated any action to evict the encroachers from the Government land. It is brought to the notice of this Court that the encroachments are made in water bodies, more specifically in respect of the area classified by Eri Vulvayil and Porambokku. If encroachments are made in the water bodies, then all such encroachers have to be evicted in view of the orders passed by the Apex Court of India.
3. The petitioners state that few persons are attempting to encroach upon their property since the authorities have failed to initiate action to evict the encroachers from the Porambokku land and water body situate adjacent to the property belonging to the petitioners.
4. In view of the facts and circumstances, the respondents are directed to conduct a survey of the Government land, if necessary, by securing assistance from the Police Department, with reference to the property belonging to the petitioners and accordingly, initiate all actions to evict the encroachers from the water body and the Government lands. The said exercise is directed to be completed within a period of eight (8) weeks from the date of receipt of a copy of this Order. 3/5
5. Accordingly, the Writ Petition stands disposed. No costs. (sha) 30.08.2023 Index : Yes Speaking Order To 1.The District Collector, Tiruvallur District, Tiruvallur.
2.The District Revenue Officer, Tiruvallur District, Tiruvallur.
3.The Tahsildar, Maduravoyal Taluk, Chennai.
4.The Inspector of Police (Law And Order) V7, Nolambur Police Station, Chennai-600 037.
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S.M.SUBRAMANIAM . J., (sha) 30.08.2023 5/5