K.Thirumalai v. The Additional Chief Secretary And Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Thirumalai .. Petitioner vs 1.The Additional Chief Secretary and Commissioner of Land Administration, Chepauk, Chennai-600 005.
2.The District Collector Chengalpattu District, Office of the Collectorate, GST Road, Chengalpattu.
3.The District Revenue Officer-Chengalpattu District, Office of the Collectorate, GST Road, Chengalpattu.
4.The Revenue Divisional Officer, Office of the Revenue Division, Tambaram, Chennai-600 045.
5.The Tahsildar, Tambaram Taluk Office, Tambaram, Chennai-600 045.
6.Jayakumar.
Proprietor of Swastik Cera Mall - Godown, Ponniamman Kovil Street, Gandhi Nagar, Vengaivasal, Chennai-600 073.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the authorities 1 to 5 to take immediate steps to remove the encroachments made in the "Government Land" comprised in Survey No.333 and 334, situated at Vengaivasal Village, Tambaram Taluk, Chengalpattu District and further to erect sign board stating that the land belongs to Government to prevent any further encroachment. For the Petitioner : Mr.I.Prakash Raju For the Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1 to 5 : Mr.G.Narayanan for respondent No.6
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.I.Prakash Raju, learned counsel for the petitioner; Mr.T.K.Saravanan, learned Government Advocate for respondents 1 to 5; and, Mr.G.Narayanan, learned counsel for respondent No.6.
2. Learned Government Advocate, on instructions, submits that steps are taken to remove the encroachments. Order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was passed. Thereafter, the encroachers have filed an appeal under Section 10 of the Act and the said is pending.
3. The appellate authority shall decide the appeal on its own merits and in accordance with law within four months from today. Depending upon the decision in the appeal, the authorities shall take further steps.
4. With the above observation, the writ petition is disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 22.02.2024 Index :
Yes/No :
Yes/No bbr
To 1.The Additional Chief Secretary and Commissioner of Land Administration, Chepauk, Chennai-600 005.
2.The District Collector Chengalpattu District, Office of the Collectorate, GST Road, Chengalpattu.
3.The District Revenue Officer-Chengalpattu District, Office of the Collectorate, GST Road, Chengalpattu.
4.The Revenue Divisional Officer, Office of the Revenue Division, Tambaram, Chennai-600 045.
5.The Tahsildar, Tambaram Taluk Office, Tambaram, Chennai-600 045.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 22.02.2024