S.Selvi v. The Section Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.Nos.28633, 28637, 28640 & 28642 of 2023 Petitioner in S.Selvi ..
W.P.No.28633 of 2023 Petitioner in V.Saravanan ..
W.P.No.28637 of 2023 Petitioner in A.Palani ..
W.P.No.28640 of 2023 Petitioner in R.Nagarajan ..
W.P.No.28642 of 2023 Vs.
1. The Section Officer Public Works Department - Water Resources Organisation Red Hills Irrigation Section Red Hills, Chennai - 600 052.
2. The Tahsildar Ambattur Taluk Ambattur, Chennai - 600 053.
3. The Government of Tamil Nadu Rep. by its Secretary Public Works Department Fort St. George Chennai - 600 009.
..
Respondents in all W.Ps Common Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records relating to the impugned notice No.892/Pi.A/2023 dated 13.09.2023 issued by the Section Officer, Public Works Department - Water Resources Organisation, Red Hills Irrigation Section, Red Hills, Chennai - 600 052, the first respondent herein and quash the same. For the Petitioner in all W.Ps :
Mr.J.Thilagaraj For the Respondents in all W.Ps :
Mr.P.Muthukumar State Government Pleader assisted by Mr.K.Karthik Jagannath Government Advocate COMMON ORDER (Made by the Hon'ble Chief Justice) Heard Mr.J.Thilagaraj, learned counsel for the petitioners and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.Karthik Jagannath, learned Government Advocate for the respondents.
2. Learned counsel for the petitioners submits that the petitioners are the legitimate owners and possessors of the land in
S.No.331/10A3A. However, notice under Form-3 was issued, directing the petitioners to remove the encroachment from the land in S.No.813.
3. According to learned counsel for the petitioners, the petitioners have no concern with S.No.813, neither they have encroached S.No.813. Under the garb of removal of encroachment from S.No.813, the respondent Authorities are trying to trespass over the land of the petitioners in S.No.331/10A3A.
4. Learned State Government Pleader submits that the encroachment made in S.No.813 is only sought to be removed and no action has been taken so far in respect of S.No.331/10A3A, as Form3 notice is not issued for S.No.331/10A3A.
5. The petitioners claim that they have patta over the land in S.No.331/10A3A. The petitioners admittedly are not concerned with S.No.813. The Form-3 notice is issued in respect of S.No.813 and not S.No.331/10A3A. Naturally, action is to be taken by the respondent
Authorities qua S.No.813 and not S.No.331/10A3A. In case there is encroachment in S.No.813, then the respondent Authorities are entitled to proceed further. In case, the petitioners are aggrieved by any measurement or so, they are entitled to assail the same, in accordance with law.
6. These writ petitions, as such, stand disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.28184, 28187, 28188 & 28190 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.) 29.09.2023 Index :
Yes/No :
Yes/No drm
To
1. The Section Officer Public Works Department - Water Resources Organisation Red Hills Irrigation Section Red Hills, Chennai - 600 052.
2. The Tahsildar Ambattur Taluk Ambattur, Chennai - 600 053.
3. The Secretary The Government of Tamil Nadu Public Works Department Fort St. George Chennai - 600 009.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) 29.09.2023