Mr.M.Devaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 8.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.38959 of 2016 M.Devaraj .. Petitioner Vs.

1. The District Collector Kanchipuram District Kanchipuram.

2. The District Revenue Officer Kanchipuram District Kanchipuram.

3. The Revenue Divisional Officer Chengalpet.

4. The Superintending Engineer Highways Department Chennai.

5. The Tahsildhar Thirupporur Taluk Thirupporur.

6. Sri Sivasubramania Nadar College of Engineering Rajiv Gandhi Road (OMR Road) Kalavakkam - 603 110 Thirupporur Taluk Kanchipuram District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorari to call for the records relating to the proceedings of the fifth respondent in Na.Ka.No.7457/2015/AA2, dated 3.11.2016* and quash the same.

For Petitioner : Mr.K.M.Vijayan Senior Counsel for M/s.K.M.Vijayan Associates For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for respondents 1 to 5 Mr.Harishankar for 6th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner seeks to assail the order dated 3.11.2016 passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, post issuance of notice under Section 7 of the said Act dated 7.12.2015.

2. It is an admitted position that the petitioner has some patta land, but the construction has not been made on the patta land and it is not for residential purposes, but a commercial activity of an eatery.

3. The encroachment is actually not denied, but is stated that it is a sequitur to the complaint made by the College/sixth respondent. It is also submitted by reference to the Revenue Standing Orders dealing with "Unauthorized occupation of government land" where the said Act applies that paragraph (10) deals with classes of encroachments which are required to be dealt with by local bodies. Such encroachments fall into two categories, i.e., those which can be ignored and those which cannot be ignored. The encroachments which cannot be ignored are in turn categorized as objectionable encroachments, unobjectionable encroachments and encroachments that are not objectionable at present, but which may become so at some future date. The encroachment in the present case has been opined by the authorities concerned as an objectionable encroachment and thus action is sought to be taken in respect of the same.

4. The learned counsel for the respondent authorities have pointed out that there are in fact ten encroachments by way of shops, compound wall and shed and notices have been issued in respect of all such encroachments, including that of the petitioner.

5. We are of the view that whether the college/sixth respondent has complained or not can only be one factor, but the

most important fact is that there is no legal right in the petitioner in respect of running of the eatery on the encroached land. That being the position, the action by the respondent authorities post issuance of notice to remove the same cannot be faulted.

6. The petition is dismissed. No costs. Consequently, W.M.P.No.33377 of 2016 is closed.

7. At request of learned Senior Counsel for the petitioner, it is clarified that if the petitioner is himself willing to remove the encroachments and files an affidavit with the respondent authorities within two days to do so within a maximum period of four weeks, then the action will be deferred to facilitate the petitioner to clear the area himself, failing which the authorities may proceed with necessary action. Sd/- Assistant Registrar(CS-II) Dt. 14.11.2016 Corrected as per letter dt.30.11.2016 by the Counsel for the petitioner Sd/- Assistant Registrar(CCC) dt. 02.12.2016 //True Copy// Sub Assistant Registrar sasi To:

1. The District Collector Kanchipuram District Kanchipuram.

To be substituted the order already despatched

2. The District Revenue Officer Kanchipuram District Kanchipuram.

3. The Revenue Divisional Officer Chengalpet.

4. The Superintending Engineer Highways Department Chennai.

5. The Tahsildhar Thirupporur Taluk Thirupporur.

+ 1 cc to M/s. K.M. Vijayan, Advocate Sr.63795 + 1 cc to Government Pleader Sr.63885 W.P.No.38959 of 2016 SAI(CO) MD 16/11/2016 EU 05.12.16