M/S.Brislee Nagar Settlement v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.02.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice M.M.SUNDRESH W.P.No.19699 of 2012 and W.M.P.No.6071 of 2016 M/s.Brislee Nagar Settlement Welfare Association, rep. By its President, K.Jayachandran, No.56/53, Tank Bund Road, Otteri, Chennai 600 012.

.. Petitioner

Versus

1.The District Collector, Chennai 600 001.

2.The Director, Department of Adi Dravidar Welfare Government of Tamil Nadu Ezhilagam, Chennai 600 005.

3.The Tahsildar, Purasawalkam Perambur Taluk, Chennai 600 011.

4.The District Revenue Officer, Chennai District.

5.The Principal Secretary/Commissioner Revenue Land Administration Ezhilagam, Chennai 600005.

6.M/s.Binny Ltd., Corporate Office No.107, Armenian Street, Chennai 600 001.

(R.6 impleaded as per order dated 28.01.2013 by ACJ & AJJ in M.P.No.1 of 2013 in W.P.No.19699 of 2012) ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the 2nd respondent to initiate necessary proceedings for acquiring and transferring to the Government of Tamil Nadu the lands situate in S.Nos.290/1, 292, 292/1 situate at Purasawalkam-

Perambur Taluk, Chennai District and to allot one cent of land to each Member of the Brislee Nagar Settlement Welfare Association, Chennai 600 012.

For Petitioner ::: Mr.M.Udhaya Bhanu For Respondents ::: Mr.S.T.S.Murthi Government Pleader for R.1 to R.5 *Mr.G.Masilamani, Senior Counsel for Mr.Manisundar Gopal for R.6.

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) A perusal of the pleadings shows there are serious disputed questions over title being raised even by the counsel, which cannot be tried in the present proceedings.

2. Learned counsel for the petitioner however submits that their intent is that there are Government lands which have been unauthorisedly occupied and those lands must be got cleared and given to relevant departments for issuance of pattas.

3. We are of the view that the Government may examine the matter and if it finds that there are any encroachments, then the offending party will be issued notice and they will be heard and appropriate action in accordance with law taken. However, if the Government is of the view that there are no encroachments, then no action is required.

4. The writ petition is accordingly closed, leaving the parties to bear their own costs. Consequently WMP.No.6071 of 2016 is closed.

Sd/- Assistant Registrar(CS VI) Corrected as per letter dated 21.03.2016.

Sd/- Assistant Registrar, 28.04.2016 //True Copy// Sub Assistant Registrar

To 1.The District Collector, Chennai 600 001.

2.The Director, Department of Adi Dravidar Welfare Government of Tamil Nadu, To be substituted to the Ezhilagam, Chennai 600 005.

order already despatched on 22.03.2016 3.The Tahsildar, Purasawalkam Perambur Taluk, Chennai 600 011.

4.The District Revenue Officer, Chennai District.

5.The Principal Secretary/Commissioner Revenue Land Administration, Ezhilagam, Chennai 600005.

+1cc to Mr.Manisundargopal, Advocate, S.R.No.11591 +1cc to Mr.Udhaya Bhanu, Advocate, S.R.No.12220 +1cc to the Government Pleader, S.R.No.11810 W.P.No.19699 of 2012 sai(CO) srg(04/03/2016) kra 02.05.2016