Madras High CourtWP/29441/2022disposed of

M/S. Salem Then Azhakpuram Mootha Kudimakkal Nala Sangam v. State Of Tamil Nadu

2024-04-10Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M/s. Salem Then Azhakapuram Mootha Kudimakkal Nala Sangam (Registration No.30/2018) Rep. by its Secretary C.Arumugam No.166/211, Vinayagar Kovil Street South Azhagapuram Salem 636 004.

Petitioner Vs.

1. State of Tamil Nadu Rep. by its Principal Secretary Adi Dravidar and Tribal Welfare Department Fort St. George, Chennai 600 009.

2. The Chairman No.31, Cenotaph Road, 2nd Lane Teynampet, Chennai 600 018.

3. The District Collector Salem District, Salem 636 001.

4. The Special Tahsildar Adi Dravidar Welfare Office Salem District, Salem.

5. The Revenue Divisional Officer Salem Revenue Division, Salem.

6. The Tahsildar Salem West Taluk Office Jagir Ammapalayam Salem 636 005.

7. The Executive Engineer Erumapalayam Road, Seelanaickenpatti Salem 636 201.

8. The Commissioner Salem City Municipal Corporation Salem 636 005.

9. The Joint Registrar of Cooperative Society Salem Division, Salem 636 201.

10.The Commissioner of Police Salem City Police Salem.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents (i) to remove the encroachments and unauthorised constructions in the common usage area of the land belongs to TAHDCO in S.No.92/1, 93/75 in Azhagapuram Village, Salem West Taluk, Salem; and (ii) to remove the

unauthorised constructions by the 8th respondent in the park area of the land belongs to TAHDCO in S.No.92/1, 93/75 in Azhagapuram Village and consequently, direct the 3rd to 8th respondents constructing the same and also proposed new ration shop in the common usage area of the TAHDCO land in S.No.82/1, 93/75 in Azhagapuram Village, within a time frame as may be fixed by this Court by considering the petitioner representation dated 01.10.2022.

For the Petitioner : Mr.R.Chakkaravarthy For the Respondents : Mr.K.Karthik Jegannath Government Advocate for Respondents 1 - 7, 9 & 10 Ms.N.Devi for Respondent-8

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Chakkaravarthy, learned counsel for the petitioner, Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 1 to 7, 9 and 10 and Ms.N.Devi, learned counsel for the eighth respondent.

2. On the last date, 01.04.2024, when the matter was called out,

we had observed that neither the person allegedly making unauthorised construction is added as a party nor the details as to the encroachment are given. It is submitted that the petitioner, today, has filed an application in W.M.P.No.SR 48481 of 2024 for impleading of parties.

3. Be that as it may, the property, as per the letter relied by the petitioner, is of the TAHDCO, Salem. TAHDCO, Salem has filed an affidavit denying the allegations made by the petitioner. The affidavit further states that the land is taken over by the Corporation as per the Rules and now the said land is controlled by the Corporation of Azhagapuram Village, Salem Corporation. It is for the petitioner to approach the Salem Corporation.

4. The Salem Corporation is the eighth respondent. The petitioner may file an application with the Salem Corporation which application shall be considered on its own merits and in accordance with law and policy.

5. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.28777 of 2022 is closed. (S.V.G., CJ.) (J.S.N.P., J.) 10.04.2024 Index :

Yes/No :

Yes/No kpl To

1. The Principal Secretary Adi Dravidar and Tribal Welfare Department Fort St. George, Chennai 600 009.