G.Thajudeen v. The District Collector

2024:MHC:1407

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.32564 of 2019 and W.M.P.Nos.32940 & 32941 of 2019 G.Thajudeen ... Petitioner Vs.

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The District Revenue Officer, Kancheepuram District, Kancheepuram.

3.The Revenue Divisional Officer, Chengalpattu, Kancheepuram District.

4.The Tahsildar, Chengalpattu Taluk Officer, Kancheepuram District.

5.The Block Development Officer/Commissiioner, Kattangulathur Panchayat Union, Kattangulathur, Chengalpet Taluk, Kancheepuram District.

6.The Assistant Engineer, Page No.1 of 5

Tamil Nadu Electricity Board (West) Urapakkam, Kancheepuram District.

... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Certiorari, calling for the records relating to the impugned order dated 03.10.2019 in Na.Ka.No.4871/2018/A1 issued by the 5th respondent and quash the same.

For Petitioner : Mr.S.Senthilvel For R1 to R4 : Mr.A.Selvendran Special Government Pleader For R5 : Mr.P.P.Sivashanmughasundaram For R6 : No appearance

O R D E R

(Order of the Court made by S.M.SUBRAMANIAM,J.) The proceedings of the Block Development Officer dated 03.10.2019 is sought to be quashed in the present writ proceedings. 2.

The Block Development Officer is an incompetent Authority to remove the encroachments. However, he is empowered to submit a Report regarding the encroachments to the jurisdictional Tahsildar for the purpose of removing the encroachments by following the procedures. Thus, the impugned order passed by the Block Development Officer, Kattanguluthur Panchayat Union, has been converted as a Report and the 5th respondent/the Page No.2 of 5

Block Development Officer is directed to communicate the same to the jurisdictional Tahsildar, who in turn is directed to remove the encroachments by following the procedures as contemplated under the provisions of the Tamil Nadu Land Encroachment Act, 1905. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

3.

Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[S.M.S,J.] [K.R.S,J.] 27.02.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To 1.The District Collector, Page No.3 of 5

Kancheepuram District, Kancheepuram.

2.The District Revenue Officer, Kancheepuram District, Kancheepuram.

3.The Revenue Divisional Officer, Chengalpattu, Kancheepuram District.

4.The Tahsildar, Chengalpattu Taluk Officer, Kancheepuram District.

5.The Block Development Officer/Commissiioner, Kattangulathur Panchayat Union, Kattangulathur, Chengalpet Taluk, Kancheepuram District.

6.The Assistant Engineer, Tamil Nadu Electricity Board (West) Urapakkam, Kancheepuram District.

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

Page No.4 of 5

veda Order in 27.02.2024 (2/2) Page No.5 of 5