G.Varadharajan v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2017

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.42929 of 2016 G.Varadharajan ... Petitioner Vs

1. The Secretary to Government Housing and Urban Development Department Secretariat, Chennai-9.

2. The Regional Joint Commissioner Regional Office (South) Corporation of Chennai Zone 13, Adyar, Chennai-20.

3. The Zonal Officer Zone 13, Corporation of Chennai Adyar, Chennai-20.

4. The Executive Engineer Enforcement Cell (Office of the Regional Joint Commissioner) (South) Corporation of Chennai Chennai-20.

5. Sakunthala

6. M.Somu ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for the records of the 1st respondent with respect to the letter dated 9.2.2016 (Letter No.22374/ UD-VI(1)/ 2015-4) and quash the same and consequently direct the 4th respondent to remove the illegal construction put up by 5th and 6th respondents on the 30 feet wide public Road opposite to Survey Numbers 4/100 and 4/21 in the 4th Street, Narasingapuram, Maduvangarai, Chennai-32.

For Petitioner : Mr.V.Veluchamy For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for 1st respondent Mr.V.C.Selvasekaran for respondents 2 to 4 Mrs.G.Devi for 5th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The challenge laid is to the order passed by the first respondent dated 9.2.2016. The order is more or less predicated on a single fact, i.e., the pendency of civil dispute regarding ownership of the land. This reason is factually incorrect as the suit filed was for claiming rights on account of adverse possession and not title of the land and that suit has been rightly withdrawn today by the fifth respondent, as no suit would lie to claim title on adverse possession as it is only a plea of defence, as held by the Hon'ble Supreme Court in Gurdwara Sahib v. Gram Panchayat Village Sirthala and another, (2014) 1 SCC 669.

2. The result is that the impugned order is liable to be set aside and the matter remitted to the first respondent to decide it in accordance with law. The fresh order be passed within a maximum period of three months from today.

The petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sasi To:

1. The Secretary to Government Housing and Urban Development Department Secretariat, Chennai-9.

2. The Regional Joint Commissioner Regional Office (South) Corporation of Chennai Zone 13, Adyar, Chennai-20.

3. The Zonal Officer Zone 13, Corporation of Chennai Adyar, Chennai-20.

4. The Executive Engineer Enforcement Cell (Office of the Regional Joint Commissioner) (South) Corporation of Chennai, Chennai-20.

Copy To The Section Officer, Writ Section, High Court, Madras.

+1cc to Mr.Veluchamy, Advocate, S.R.No.1569 +1cc to Mr.Raghupathy, Advocate, S.R.No.1136 +1cc to the Government Pleader, S.R.No.1176 W.P.No.42929 of 2016 MG(CO) CA(12/01/2017)