B.Santhanam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2024
CORAM:
THE HONOURABLE MR. K.R. SHRIRAM, CHIEF JUSTICE THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY B. Santhanam Petitioner vs.
The District Collector Chengalpattu Chengalpattu District The Revenue Divisional Officer having office at Kadaperi G.S.T. Road Tambaram Chennai 600 045 The Tahsildar Taluk Office at Kadaperi G.S.T. Road Tambaram Chennai 600 045 The Block Development Officer St. Thomas Mount Panchayat Union No.20 Kamaraj Colony Nehru Nagar Chitlapakkam Main Road Chennai 600 064 Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the representations dated 19.06.2024 and 07.10.2024, conduct an enquiry and to pass appropriate orders on merits within a stipulated time. For petitioner Mr. M. Elumalai For respondents Mr. A. Edwin Prabakar State Government Pleader assisted by Mr. M. Habeeb Rahman Govt. Advocate
ORDER
(made by The Hon'ble Chief Justice) Mr. Prabakar tenders a status report dated 28.11.2024 filed in the form of an affidavit by one Mr. R. Rajendiran, Tahsildar (respondent no.3). Paragraphs 3,4 5 and 6 read as under: "3.
It is respectfully submitted that the petitioner has stated the land in Survey Number 41/1, Kaspapuram Village and land in Survey Number 228, Agaramthen Village are classified as water bodies and several encroachers are there and plead to evict the encroachers in the said lands.
It is respectfully submitted that the survey number 228 in Agaramthen village is classified as Government poramboke kulam for an extent of 1.32.0 hectares, On field inspection, few encroachments were identified as detailed below:
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S.No.
Encroacher Encroached extent Type of encroachment Kannan, S/o Veerappan 0.00.45 hectares Concrete house Rajendiran, S/o Veerappan 0.00.40 hectares Sheet house Village Panchayat building, Agaramthen (1/3) contract in the year 0.01.17 hectares Concrete building 5 years Village Panchayat building, Agaramthen (1/2) 0.01.34 hectares Concrete building 3 years Village Panchayat building, Agaramthen (3/3) 0.01.37 hectares Concrete building 40 years Village Administrative Office, Agaramthen 0.00.25 hectares Concrete building 18 years Ration shop, Agaramthen 0.00.45 hectares Concrete building 18 years Veterinary clinic medical shop 0.02.33 hectares Concrete building 28 years Overhead water tank 0.00.20 hectares Concrete 20 years Panchayat well 0.00.10 hectares 40 years Kalyani W/o Raja 0.06.57 hectares Concrete house Shanthi, S/o Sugumar 0.00.
50 hectares Sheet house Gowri, W/o Rajendiran 0.00.30 hectares Concrete house Munusamy 0.00.20 hectares Concrete house Advent Christian Church 0.33.56 hectares Concrete, 3 separate buildings Agaramthen-Kovilancheri Road 0.12.00 hectares Thar Road 8 years 5.
It is respectfully submitted that the survey number 41/1 in Kasapapuram Village is registered as "Government Poramboke land", and in the remarks column mentioned as for an extent of 1.32.0 hectares, Kulam. On field inspection, few encroachments were identified as detailed below:
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S.No.
Encroachments Encroached extent Newly built small temple 0.00.12 hectares Newly built electric motor room 0.00.08 hectares 6.
It is respectfully submitted that a detailed report along with Form I has been sent to the office of the 4th respondent herein vide this office letter RC 4727/2024/B3 dated 25.11.2024 to take necessary action. Copies of the report are enclosed herewith." Mr. Prabakar states that respondents shall ensure that all new constructions will be stopped immediately and as regards the encroachments mentioned in the status report, steps will be taken immediately to remove the same in accordance with law. In view of the statement, petition is disposed of. No costs. (K.R. SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY, J.) 05.12.2024 Index :
Yes/No :
Yes/No cad 4/6
To The District Collector Chengalpattu Chengalpattu District The Revenue Divisional Officer having office at Kadaperi G.S.T. Road Tambaram Chennai 600 045 The Tahsildar Taluk Office at Kadaperi G.S.T. Road Tambaram Chennai 600 045 The Block Development Officer St. Thomas Mount Panchayat Union No.20 Kamaraj Colony Nehru Nagar Chitlapakkam Main Road Chennai 600 064 5/6
THE HON'BLE CHIEF JUSTICE SENTHILKUMAR RAMAMOORTHY, J.
cad 05.12.2024 6/6