G.Chandran v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.02.2024
CORAM
THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ AND W.M.P.No.27696 of 2021 G.Chandran .. Petitioner Vs.
1.The Union of India Rep. by the Chief Secretary to Government Puducherry 2.The Principal Secretary to the Hon'ble Lieutenant Governor Raj Nivas, Puducherry 605 001 3.The Secretary Legislative Assembly 4.The Secretary to Government Department of Sports and Youth Development 1/8
5.The District Collector O/o.The Collectorate Vazhudhavoor Road Puducherry 605 009 6.The Sub Collector Revenue (South) Villianoor Puducherry 605 110 7.The Additional Secretary to Government-cum-Director Directorate of Industries and Commerce Government of Pondicherry Thattanchavady, Puducherry 605 009 8.The Commissioner Villianur Commune Panchayat Villianur, Puducherry 605 110 9.The Executive Engineer (Irrigation Division) Public Works Department 10.The Assistant Engineer Sedarapet Sub Division Electricity Department Pondicherry 11.The Member Secretary Pondicherry Planning Authority Government of Pondicherry Pondicherry 605 010 12.The Commissioner-cum-The Secretary to Government (Power) 2/8
13.The Member Secretary Puducherry Ground Water Authority No.15, 3rd Cross Street, Mariamman Nagar Karamanikuppam, Puducherry 605 004 14.M/s.Cricket Association of Pondicherry Sederapet Main Road, Pondicherry 605 101 Rep. by its Honorary Secretary V.Chandran 15.The Estate Manager and Facility-in-charge Siechem Technologies Pvt. Ltd.
Sedarapet Main Road Puducherry 605 101 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 6th respondent to implement the order No.5350/SCRS/B2/Encr/2020 dated 12.11.2021 and direct the 9th respondent to implement the order No.2833/PW/EE1/JE(P)/EO-25/2020 dated 16.11.2020 and further direct the 11th respondent to implement the order No.5955/PPAZ/(SB-VCP)/2018-20 dated 17.11.2020 issued to the 15th respondent.
For Petitioner : Mr.M.Gnanasekar For R1 to R13 : Mr.V.Vasanthakumar Additional Government Pleader (Puducherry) For R14 : Mr.Sathish Parasaran Senior Counsel for Mr.B.Balavijayan For R15 : Mr.Srinath Sridevan Senior Counsel for Mr.P.Muthukumaraswamy 3/8
ORDER
(Order of the Court was made by R. MAHADEVAN, J.) Heard all the parties and perused the materials placed on record. 2.The relief sought in this writ petition is to issue a mandamus to the official respondents of the Government of Puducherry viz., The Sub Collector Revenue (South), The Executive Engineer (Irrigation Division) of the Public Works Department, and The Member Secretary of the Planning Authority, to remove the encroachment in the petitioner's property by implementing the respective orders dated 12.11.2021, 16.11.2020 and 17.11.2020 passed by them.
3.The learned counsel for the petitioner submitted that the 15th respondent had encroached vast extent of property and lake area, including the property of the petitioner. Despite several orders being passed to remove the encroachment, no action has been taken by the official respondents in this regard. Therefore, the learned counsel prayed for appropriate direction to remove the encroachment in the petitioner's property. 4/8
4.On the other hand, Mr.V.Vasanthakumar, learned Additional Government Pleader (Puducherry), on instructions, submitted that the eviction proceedings initiated by the respondent authorities, is under challenge before the learned District Judge, Puducherry.
5.Considering the fact that the matter is already sub judice before the District Judge, and also as agreed by all the parties, this Court without going into the merits of the case, directs the District Court, Puducherry to dispose of the appeal pending on its file, purely on merits and in accordance with law, after affording reasonable opportunity to all the parties, within a period of six months from the date of receipt of a copy of this order. 6.With the above direction, this writ petition is disposed of. No costs. Connected Miscellaneous Petition is closed.
[R.M.D,J.] [M.S.Q, J.] 22.02.2024 gya 5/8
To 1.The Chief Secretary to Government Union of India Puducherry 2.The Principal Secretary to the Hon'ble Lieutenant Governor Raj Nivas, Puducherry 605 001 3.The Secretary Legislative Assembly 4.The Secretary to Government Department of Sports and Youth Development 5.The District Collector O/o.The Collectorate Vazhudhavoor Road Puducherry 605 009 6.The Sub Collector Revenue (South) Villianoor, Puducherry 605 110 7.The Additional Secretary to Government-cum-Director Directorate of Industries and Commerce Government of Pondicherry Thattanchavady, Puducherry 605 009 6/8
8.The Commissioner Villianur Commune Panchayat Villianur, Puducherry 605 110 9.The Executive Engineer (Irrigation Division) Public Works Department 10.The Assistant Engineer Sedarapet Sub Division Electricity Department Pondicherry 11.The Member Secretary Pondicherry Planning Authority Government of Pondicherry Pondicherry 605 010 12.The Commissioner-cum-The Secretary to Government (Power) 13.The Member Secretary Puducherry Ground Water Authority No.15, 3rd Cross Street, Mariamman Nagar Karamanikuppam, Puducherry 605 004 14.The District Judge Puducherry 7/8
R. MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
gya 22.02.2024 8/8