R.Gunasekaran, v. The Coastal Aquaculture
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2016
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. Nos.9966 to 9968 of 2016 and W.M.P. Nos.8936 to 8938 of 2016 R. Gunasekaran
...Petitioner in W.P.9966 of 2016
Kesavan
...Petitioner in W.P.9967 of 2016
G. Pandurangan
...Petitioner in W.P.9968 of 2016
Vs.
1.
The Coastal Aquaculture Authority Shastri Bhavan II Floor Shastri Bhavan Annexe 26, Haddows Road Chennai 600 006 The District Collector Villupuram District The Forest Range Officer Tindivanam Villupuram District 4.
The Tahsildar Office of the Tahsildar Marakkanam Villupuram District ... Respondents in all the WPs Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the proceedings in Na.Ka.No.142/2014 dated 20.02.2016 on the file of the third respondent and to quash the same and to direct the respondents 2 to 4 to demarcate the lands belonging to the respondents 3 and 4 within a time frame.
For petitioners in :
Mr. AR. L. Sundaresan all the WPs Senior Counsel for Mr. P. Raja
COMMON ORDER (delivery by SATISH K. AGNIHOTRI, J.) These writ petitions are filed challenging the orders dated 20 February 2016 passed by the third respondent, whereby and whereunder, the petitioners have been directed to vacate the forest land allegedly encroached by them and to hand over the same to the Forest Department.
Having afforded a full opportunity of hearing to the petitioners by giving eviction notices dated 16 May 2014, 01 July 2015 and 31 August 2015, to which, replies were filed by the petitioners merely stating that the land is fallow and has been purchased by them, without producing any other document, the authorities have come to a conclusion that the land belonging to the forest division has been encroached by the petitioners.
Thus, the impugned orders directing the petitioners to remove the encroachment are passed. We do not find any infirmity or irregularity in the procedure adopted by the authorities before passing the impugned orders. Needless to state that all the encroachments, either in the forest land or revenue land or Government land are required to be removed, after giving full opportunity of hearing to the encroachers. In the cases on hand, as aforestated, the petitioners were noticed not once but thrice right from May 2014. Thus, we are of the considered view that the principles of natural justice have been fully complied with and as such, the impugned orders do not warrant any interference whatsoever. Resultantly, the writ petitions fail and accordingly stand dismissed. Costs made easy. Connected W.M.Ps. are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cad To 1.
The Coastal Aquaculture Authority Shastri Bhavan II Floor Shastri Bhavan Annexe 26, Haddows Road Chennai 600 006
The District Collector Villupuram District The Forest Range Officer Tindivanam Villupuram District 4.
The Tahsildar Office of the Tahsildar Marakkanam Villupuram District +2cc's to Mr.P.Raja, Advocate, S.R.Nos.17284 & 17285 W.P. Nos.9966 to 9968 of 2016 UG(CO) CA(29/03/2016)