Harikrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR 1.
Harikrishnan S/o.Raghavan 2.
N.Selvaraj S/o. Narayana Samy Pillai ... Petitioners Vs.
1.
The District Collector 2.
The District Revenue Officer 3.
The Revenue Divisional Officer Tambaram Taluk Office at Kadapeti Tambaram, Chennai-600 045 4.
The Tahsildar Tambaram Taluk Office at Kadapeti Tambaram, Chennai-600 045 Page Nos.1/6
5.
The Commissioner St. Thomas Mount Panchayat Union Having office at Chitlapakkam Chennai-600 064.
... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents to remove the encroachments made in the land in Survey No.8/1 in Agaram Then Village Panchayat, St. Thomas Mount Panchayat Union, Tambaram Taluk, Chengalpattu District by considering their representations dated 13.11.2024 and 20.10.2024 respectively.
For Petitioners :
Mr.M.Elumalai For Respondents :
Mr.T.K.Saravanan Government Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'land in S.No.8/1 in Agaram Then Village, Panchayat, St. Thomas Mount Panchayat Union, Tambaram Taluk, Chengalpattu District' Page Nos.2/6
{hereinafter 'said land' for the sake of brevity}.
2. The case of the writ petitioners is that a notice under Sections 30(2)(iii), 34(k) of 'the Disaster Management Act, 2005' {hereinafter 'said Act' for the sake of brevity} and 'the National Disaster Management Rules, 2005' {hereinafter 'said Rules' for the sake of brevity} was issued and writ petitioners have removed the encroachment but some other noticees qua adjacent lands have not complied with.
3. Issue notice to respondents.
4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for all five respondents.
5. Learned State Counsel, on instructions submits that notices pertaining to said land have also been issued, noticees have given undertaking to remove the encroachment within a week and if they do not do so, further action in accordance with law will follow. In other words, it is the stated position of learned State Counsel that alleged encroachers in said land have been show caused and they have responded by giving undertaking that they would remove offending structures themselves. Page Nos.3/6
6. Owing to the limited scope of the captioned WP, main WP is taken up in the Admission Board with the consent of both sides.
7. In this regard,we make it clear that rights and contentions of any alleged encroachers qua said land is wholly preserved. To put it differently, having been show caused or if they are show caused, noticees will have all rights and contentions to respond to the same untrammeled by this order.
8. As the alleged encroachers have been / are to be show caused, due process of law will be followed is say of learned State Counsel. We are of the view that the captioned WP can be disposed of recording the stated position of learned State Counsel.
Recording the stated position of learned State Counsel, captioned WP is disposed of. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 10.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.4/6
To 1.
The District Collector 2.
The District Revenue Officer 3.
The Revenue Divisional Officer Tambaram Taluk Office at Kadapeti Tambaram, Chennai-600 045 4.
The Tahsildar Tambaram Taluk Office at Kadapeti Tambaram, Chennai-600 045 5.
The Commissioner St. Thomas Mount Panchayat Union Having office at Chitlapakkam Chennai-600 064.
Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk 10.12.2024 (1/2) Page Nos.6/6