K.Yougandhar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2023 CORAM :
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR K.Yougandhar .. Petitioner Vs 1.The District Collector, Thiruvallur District-601 201.
2.The Sub Collector, Ponneri Post and Taluk, Thiruvallur District-601 201.
3.The District Forest Officer (DFO), Thiruvallur District-601 201.
4.The Tashildar, Gummidipoondi Taluk, Thiruvallur District-601 201.
5.The Divisional Engineer, Electricity Department, Ponneri Post and Taluk, Thiruvalur District-601 201.
6.The Block Development Officer (BDO), Gummidipoondi Union and Taluk, Thiruvallur District-601 201.
7.M.Babu 8.M.Somu 9.M.S.Mohan 10.M.Dasaratha Raju 11.K.Madhava Raju 12.N.Bala Raju 13.N.Subramaniam Raju 14.M.Ramachandra Raju 15.K.Mohan Raju 16.M.Narasa Raju 17.G.Subramaniam Yadhav 18.K.O.Mani 19.K.Eswari 20.K.O.Subramaniam Raju 21.K.O.Jaya Kumar 22.K.Mani 23.K.Venkata Rama Raju 24.M.Chandar Raju 25.K.Ramakrishnamma Raju 26.N.Dhananjay Raju 27.K.P.Chengal Raju 28.K.P.Poorana Chandar Raju 29.M.Shankar Raju 30.K.Babu s/o K.Krishnamma Raju 31.M.Mageswar Raju 32.K.Sobha 33.K.P.Mani 34.Ramya 35.R.Mohan 36.D.Yuva Kumar 37.D.Vekataram Raju 38.K.Babu s/o K.Chengal Raju .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 6 to remove the encroachments in S.No.101/3, Melapakkam Village, Eguvarpalayam Post, Gummidipoondi Taluk, Thiruvallur District, put up by respondents 7 to 38 and take appropriate action against them for felling the trees and encroaching the forest land. For the Petitioner : Mr.R.Udhaya Kumar For the Respondents : Mr.P..Muthukumar State Government Pleader for respondent Nos.1 to 6
ORDER
(Order of the court was made by S.Vaidyanathan, J.) The present writ petition has been filed by the petitioner for issuance of a writ of mandamus to direct respondents 1 to 6 to remove the encroachments made by respondents 7 to 38 in S.No.101/3 situated at Melapakkam Village, Gummidipoondi Taluk.
2. Since we are not passing any adverse order against respondent Nos.7 to 38 in the present writ petition, notice to respondent Nos.7 to 38 is dispensed with.
3. It is submitted on behalf of the petitioner that though steps have been initiated to remove the encroachments made in the forest land in Survey No.101/3 as early as October, 2020 by issuance of eviction notice under Section 68A of the Tamil Nadu Forest Act, 1882, the removal has not taken place till date. Hence, the petitioner has filed the present writ petition to remove the encroachments made in Survey No.101/3.
4. A copy of "A" register in respect of Survey No.101/3 has been produced. On a perusal of the "A" register, it is seen that Survey No.101/3 has been classified as "Reserve Forest". Since Survey No.101/3 has been classified as "Reserve Forest", we are of the view that no one has power to squat on the said forest land.
5. It is also stated that earlier when action was initiated to evict the encroachers from the said forest land, the encroachers have raised law and order issue.
6. Since Survey No.101/3 is classified as "Reserve Forest" and the same is alleged to be encroached by the private respondents, we direct the authority concerned to take steps to remove the encroachments made in Survey No.101/3 in accordance with law, after affording reasonable opportunity to the affected parties, within a period of three months from the date of receipt of a copy of this order. In the course of removal of encroachments, if the authority concerned finds any law and order issue, the authority can very well write to the jurisdictional police, who are, in turn, directed to render necessary police assistance for removal of encroachments.
7. We direct the officials to adhere to the decision in W.P.(MD) No.16120 of 2023, dated 30.08.2023 (N.Sankar v. The Principal Secretary, Town and Country Planning, Government of Tamil Nadu and three others) to avoid disciplinary proceedings being initiated against them.
8. With the above direction, the writ petition is disposed of. There will be no order as to costs. We make it clear that we have not passed any adverse order against the private respondents, as it is for the authority concerned to take necessary action against the encroachers in accordance with law.
(S.V.N., J.) (K.R.S., J.) 31.08.2023 Index :
Yes/No Yes/No bbr To:
1.The District Collector, Thiruvallur District-601 201. 2.The Sub Collector, Ponneri Post and Taluk, Thiruvallur District-601 201. 3.The District Forest Officer (DFO), Thiruvallur District-601 201. 4.The Tashildar, Gummidipoondi Taluk, Thiruvallur District-601 201. 5.The Divisional Engineer, Electricity Department, Ponneri Post and Taluk, Thiruvalur District-601 201.
6.The Block Development Officer (BDO), Gummidipoondi Union and Taluk, Thiruvallur District-601 201.
S.VAIDYANATHAN, J.
and K.RAJASEKAR, J.
bbr W.P.Nos.25714 of 2023 31.08.2023