A.Munusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Munusamy ..

Petitioner Vs.

1. The District Collector Chengalpattu District, Chengalpattu.

2. The District Revenue Officer

3. The Revenue Divisional Officer Chengalpattu Division Chengalpattu District.

4. The Tahsildar Thirupporur Taluk Chengalpattu District.

5. The Executive Authority Thirupporur Town Panchayat

6. The Executive Officer Arulmigu Kandasamy Thirukovil

7. The Sub Registrar O/o. Thirupporur Sub Registration Office

8. The Superintendent of Police ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st to 5th respondents to remove the illegal encroachment from the Thirupporur South and East Mada Streets (Joint Road of OMR - ECR Roads and Nemmelli Link Road) by passing orders on the representation dated 08.02.2023. For the Petitioner : Dr.S.Lingesh For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R5 & R7 Mr.N.R.R.Arun Natarajan Special Government Pleader for R6 Mr.C.E.Pratap Government Advocate for R8

ORDER

(Made by the Hon'ble Chief Justice) Heard Dr.S.Lingesh, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 5 and 7, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondent 6 and Mr.C.E.Pratap, learned Government Advocate for respondent 8.

2. Learned State Government Pleader, on instructions of the Tahsildar, submits that encroachments are made in S.Nos.269/1, 271/32, 271/38, 265/25 and 263/27. The said lands are classified as Grama Natham Street Poromboke. It is also submitted that encroachment, by way of the chariot of the temple, is also made.

3. Learned Special Government Pleader (HR & CE) submits that the chariot is in the temple land and there is no encroachment made in that regard.

4. Learned State Government Pleader, on instructions of the Tahsildar, submits that survey of the land would be conducted within a period of eight weeks from today and depending upon the report of the survey, if encroachment is found, steps under the provisions of the Tamil Nadu Land Encroachment Act, 1905 would be undertaken expeditiously.

5. In light of the said statement, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 18.12.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Chengalpattu District, Chengalpattu.

2. The District Revenue Officer

3. The Revenue Divisional Officer Chengalpattu Division Chengalpattu District.

4. The Tahsildar Thirupporur Taluk Chengalpattu District.

5. The Executive Authority Thirupporur Town Panchayat

6. The Sub Registrar O/o. Thirupporur Sub Registration Office

7. The Superintendent of Police

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 18.12.2023