Madras High CourtWP/30534/2019disposed of

S.Arokkiasamy @ R.Swamy v. Additional Chief Secretary And

2019-10-25Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice N. Seshasayee8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.30534 of 2019 S.Arokkiasamy @ R.Swamy ..

Petitioner

Versus

1.Additional Chief Secretary and Commissioner for Land Administration Ezgilagam, Chepauk, Chennai 600 005.

2.Principal Secretary and Commissioner of Revenue Administration Ezhilagam, Chepauk, Chennai 600 005.

3.The Director, Department of Survey and Settlement Survey House, Chepauk, Chennai 600 005.

4.The Director Department of Town and Country Planning 807, Anna Salai, Chennai 600 002.

5.The District Collector O/o.The District Collector, Vengikkal Village & Post, Thiruvannamalai Taluk & District PIN-606604.

6.The District Revenue Officer, O/o.The District Collector, Vengikkal Village & Post, Thiruvannamalai Taluk & District PIN-606604.

7.The District Superintendent of Police O/o.District Superintendent of Police Vengikkal Village & Post, Thiruvannamalai Taluk & District PIN-606604.

8.The Assistant Director, O/o.The Assistant Director Ex-Service Man Welfare District Collector's Master Plan Complex Vengikkal Village & Post Thiruvannamalai Taluk & District PIN-606604.

9.The Assistant Director, O/o.The Assistant Director Survey and Records, District Collector's Master Plan Complex Vengikkal Village & Post Thiruvannamalai Taluk & District PIN-606604.

10.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Tindivanam Road, Thiruvananmalai Town & Taluk, Thiruvannamalai District, Pin-606 601.

11.The Tahsildar, O/o.The Tahsildar, Chengam Town and Taluk, Thiruvannamalai District, PIN 606 701.

12.The Deputy Superintendent of Police O/o. The Deputy Superintendent of Police Thukkapet Chengam Town and Taluk Thiruvannamalai District PIN 606 701

15.The Zonal Deputy Tahsildar O/o. The Revenue Tahsildar Chengam Taluk Office Campus Chengam Town and Taluk Thiruvannamalai District PIN 606 701 16.The Deputy Block Development Officer (Village Panchayat) Panchayat Union Chengam Chengam Town and Taluk Thiruvannamalai District 17.The Taluk Head Surveyar / The Deputy Inspector of Survey Chengam Taluk Office Campus Chengam Town and Taluk Thiruvannamalai District PIN - 606 701.

18 The Inspector of Police (Law and Order) Melchengam Police Station Melchengam Village Melpallipattu Post Chengam Taluk Thiruvannamalai District - 606 703 19.The Revenue Inspector O/o. The Pachchal Revenue Firka Pachchal Village and Post Chengam Taluk Thiruvannamalai District - 606 704 20.The Firka Surveyar O/o. The Firka Surveyar Pachchal Revenue Firka Pachchal Village and Post Chengam Taluk Thiruvannamalai District - 606 704.

21.The Sub Inspector of Police Pachchal Police Station Pachchal Village and Post Chengam Taluk Thiruvannamalai District - 606 704.

22.The Village Administrative Officer O/o. The Village Administrative Office Kannakurukkai Revenue Village Pachchal Post Chengam Taluk Thiruvannamalai District - 606 704.

23.S.Thirumalai, Former Village Administrative of Kannakurukkai Revenue Village, Present working as Village Administrative Officer, Thokkavadi Village,Thokkavadi Post, Chengam Taluk, Thiruvannamalai District-606 704.

24.P.Durairaj 25.G.Chinnaiyan 26.C.Govindaraj .....

Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the Respondent 5 10 11 14 and 16 to remove the illegal construction made by the 25th and 26th Respondents herein and direct the 7 12 13 18 and 21 Respondents herein to take action offence under Commission of Anti Land Grabbing Act and direct the 5th 6th 10th and 11th Respondents herein to issue permanent Patta to the Petitioners land and house in Survey No. 88/1A and Sub Division No. 118/5 measuring an extent about (0.015 Airs) 1453 1/4 square feet situated at Door No. 324 T.V. Room Street Beemanandal Village Pachchal Post Chengam Taluk Thiruvannamalai District after cancel the temporary patt of Naththam-Live-over case' (ej;jk; epYit ,dk;) on the Petitioner's last representation dated 25.09.2019. For Petitioner :

Mr.Dalit Tiger C.Ponnusamy For Respondents : Mr.P.Sivashanmugasundaram Special Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,] The petitioner claims to be an Ex-Army man, aged about 85 years and he and his family are in possession and enjoyment of the house and plot measuring an extent of 0.015 airs, 1453 1⁄4 square feet in S.No.88/1A, Sub Division No.118/5, Door no.324, T.V.Room Street, Beemanandal Village, Pachchal Post, Chengam Taluk, Thiruvannamalai District. It is the claim of the petitioner that the said plot and the superstructure are hereditary in nature. He and his predecessor are in possession of the said property right from the year 1900. The grievance expressed by the petitioner is that some private respondents have encroached upon the said land and started putting up some constructions without any planning permission whatsoever and repeated representations were submitted, based on which, the 1st respondent has sent a communication dated 13.08.2019 to the Sub Inspector of Police, Pachal Police Station to take appropriate action and despite that no action has been taken by the concerned official.

2. Attention of this Court was also invited to the communication of the 10th respondent dated 24.07.2019 in Na.Ka.No.A3/4279/2019 addressed to the 11th respondent, to cause removal of encroachments and maintain the account pending and take other appropriate action. In the light of the alleged encroachment and unauthorised construction, the learned counsel appearing for the petitioner would submit that the petitioner is an Ex-Army personnel and therefore, some sensitivity is to be shown to his representation and despite a positive direction issued by the 10th respondent to the 11th respondent, nothing is moving forward and the petitioner has also submitted a detailed representation dated 25.09.2019 to the 10th respondent and despite receipt and acknowledgment, no action whatsoever has been taken to alleviate the grievance of the petitioner and hence prays for appropriate order.

3. Mr.P.Shivashanmugasundaram, learned Special Government Pleader accepts notice on behalf of respondents 10, 11, 21 and 22.

4. In the light of the above facts and circumstances, this Court. without going into the merits of the claim projected by the petitioner either in his representations or in this Writ petition, directs the Revenue Divisional Officer, Thiruvannamalai District / 10th respondent to consider and dispose of the petitioner's representation dated 25.09.2019 on merits and in accordance with law, after putting the petitioner on notice as well as the private respondents and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision to be taken, to the petitioner as well as to the private respondents.

5. The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sk To 1.Additional Chief Secretary and Commissioner for Land Administration Ezgilagam, Chepauk, Chennai 600 005.