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Madras High CourtWP/36961/2016closed

Venkatesan, v. The District Revenue Officer,

2016-11-24Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.36961 of 2016 1.Venkatesan 2.Manikandan .. Petitioners -vs1.The District Revenue Officer, Tiruvannamalai District, Tiruvannamalai.

2.The Superintendent of Police, Tiruvannamalai District, Venkikkal, Tiruvannamalai.

3.The Assistant Director of Survey, Collectorate, Tiruvannamalai District, Tiruvannamalai.

4.The Revenue Divisional Officer, Tiruvannamlai, 5.The Deputy Superintendent of Police, 6.The Deputy Inspector of Survey, Anna Salai, Tiruvannamalai 606 401.

7.The Tahsildar Tiruvannamalai Taluk,

8.The Tahsildar, Kilpennathur Taluk, Kilpennathur, 9.Subramanian 10.The Commissioner of Land Administration, Ezhilagam, Chennai 600 005.

(R-10 impleaded as per Order of Court dated 21.10.2016 in WP.36961/2016) .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 8 to remove the encroachment made by the 9th respondent herein in the Government poramboke comprised in S.No.193/1, Kolathur Village, Kilpennathur Taluk, (previously Tiruvannamalai Taluk), Tiruvannamalai District as per G.O. Ms.No.540, Revenue (L.D. 6 (2)) Department, dated 04.12.2014 by invoking the provisions of Tamilnadu Land Encroachment Act, 1905 within the time that may be fixed by this Court. For Petitioner :

Mr.P.Mani For Respondents :

Mr.M.K.Subramanian, Govt. Pleader for RR 1 to 8 and 10

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We have perused the affidavit filed by the Additional Chief Secretary cum Commissioner of Land Administration. 2.What emerges is that in the case of the petitioner, there has been certainly a failure at different levels on account of non-recording of complaints and lack of response from officers concerned, for which departmental action is stated to have been initiated. The encroachments in question have been identified and in so far as the removal of encroachment is concerned, a direction has been issued to Tahsildar, Kilpennathur Taluk, to complete the process and report along with photographs. We expect this process to be concluded within a maximum period of two (2) months.

3.In so far as the larger issue is concerned, it is accepted

that there have been cases where on account of non-registration of petitions, action has not been taken and to obviate this, it is proposed to implement a Web-based Grievance Redressal Monitoring System, for which a circular has been issued on 21.11.2016. The salient features of the circular have been set out. Suffice for us to say that the paper work has been done, but it is the implementation which is required to ensure that the mechanism works as it should, to obviate the unnecessary petitions which are being filed before the Court. 4.We direct that this circular should be strictly adhered to by all the departments.

5.Writ petition is, accordingly, closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The District Revenue Officer, Tiruvannamalai District, Tiruvannamalai.

2.The Superintendent of Police, Tiruvannamalai District, Venkikkal, Tiruvannamalai.

3.The Assistant Director of Survey, Collectorate, Tiruvannamalai District, Tiruvannamalai.

4.The Revenue Divisional Officer, Tiruvannamlai, 5.The Deputy Superintendent of Police,

6.The Deputy Inspector of Survey, Anna Salai, Tiruvannamalai 606 401.

7.The Tahsildar Tiruvannamalai Taluk, 8.The Tahsildar, Kilpennathur Taluk, Kilpennathur, 9.The Commissioner of Land Administration, Ezhilagam, Chennai 600 005.

+1cc to Mr.P. Mani, Advocate, S.R.No.68844 +1cc to the Government Pleader, S.R.No.69206 rk(CO) md(05/12/2016) W.P.No.36961 of 2016