Madras High CourtWP/24770/2023disposed of

D.Vijayabharathy v. The Chief Secretary

2023-12-21Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.VIJAYABHARATHY .. Petitioner Vs 1 THE CHIEF SECRETARY OFFICE OF THE CHIEF SECRETARY SECRETARIAT, CHENNAI.

2 THE DISTRICT COLLECTOR CHENNAI DISTRICT, CHENNAI.

3 THE COMMISSIONER GREATER CHENNAI CORPORATION CHENNAI.

4 THE COMMISSIONER URBAN LAND CEILING/ URBAN LAND TAX COMMISSIONERATE EZHILAGAM, CHENNAI.

5 THE ASSISTANT COMMISSIONER URBAN LAND CEILING/ URBAN LAND TAX COMMISSIONERATE ALANDUR, CHENNAI.

6 THE REVENUE DIVIISONAL OFFICER CHENNAI DISTRICT, CHENNAI.

7 THE TAHSILDAR SHOLINGANALLUR TALUK, CHENNAI.

8 RPP INFRA PROJECTS LTD.

REP. BY ITS MANAGING DIRECTOR REGISTERED OFFICE AT S.F.NO.454 RAGHUPATHYNAIKEN PALAYAM RAILWAY COLONY (POST) POONDURAI MAIN ROAD ERODE - 638 002 HAS CORPORATE OFFICE MKM CHAMBERS, NO.42, III FLOOR KODAMBAKKAM HIGH ROAD NUNGAMBAKKAM, CHENNAI - 600 034 .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 2 to 7 to consider the representation dated 15.04.2023 to remove the encroachments after levying penalty to the unauthorised encroacher i.e. the 8th respondent in the Government land property situated at Chennai District, Sholinganallur Taluk, Seevaram Village comprised in Survey Nos.54/1A, 55/1B and 55/1 admeasuring to an extent of 4903.45 square meter.

For the Petitioner : Mr.Rajeswaran for M/s.Nathan and Associates For the Respondent : Mr.P.Muthukumar State Government Pleader for respondents 1 to 7

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.Rajeswaran, learned counsel for the petitioner; and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 7.

2. Learned counsel for the petitioner submits that encroachment is caused in Survey Nos.54/1A, 55/1B and 55/1 of Sholinganallur Taluk, Seevaram Village, Chennai District. Learned counsel relies upon the photographs.

3. As far as S.No.54/1A is concerned, patta is issued. According to the respondent authorities, no encroachment is observed in Survey No.55/1.

4. The photographs filed by the petitioner do not depict the survey number. In a writ petition, it may not be possible to enter into disputed questions of fact. In the absence of any authentic

document, no conclusion can be drawn.

5. In case the petitioner can lay his hands on any authentic document with regard to the encroachment, then the petitioner may agitate afresh.

6. The writ petition is dismissed. There will be no order as to costs.

7. Learned counsel for the petitioner submits that pursuant to the order of this court, Rs.50,000/- [Rupees Fifty Thousand only] has been deposited. On instructions, learned counsel for the petitioner graciously submits that a sum of Rs.10,000/- [Rupees Ten Thousand only] be donated to the Chief Minister's Public Relief Fund.

8. In the light of the above, the Registry shall remit Rs.10,000/- [Rupees Ten Thousand only] to the Chief Minister's

Public Relief Fund and remaining Rs.40,000/- [Rupees Forty Thousand only] is allowed to be withdrawn by the petitioner. (S.V.G., CJ.) (D.B.C., J.) 21.12.2023 Index :

Yes/No Yes/No sasi To:

1 THE CHIEF SECRETARY OFFICE OF THE CHIEF SECRETARY SECRETARIAT, CHENNAI.