Ammaniammal v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14-02-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And THE HONOURABLE MR. JUSTICE K.RAJASEKAR Ammaniammal .. Petitioner -vs1.The Collector, Thiruvallur District, Thiruvallur.

2.The District Revenue Officer, Thiruvallur District, Thiruvallur.

3.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.

4.The Tahsildar, Thiruttani, Thiruvallur District.

5.The Superintendent of Police, Thiruvallur District, Thiruvallur.

6.N.S.Narasimhan .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 5 to evict the sixth respondent from the agricultural land measuring 0.38.50 Hectare comprised in S.No.105, now S.No.105/19, Thalavedu Village, Thiruttani Taluk, Thiruvallur District in Patta No.1866 and handover possession of the same to the petitioner. For Petitioner :

Mr.P.Vasudevan For Respondents-1 to 5 :

Mr.A.Selvendran, Special Government Pleader.

For Respondent-6 :

Mr.C.Prakasam

O R D E R

[ORDER OF THE COURT WAS MADE BY S.M.SUBRAMANIAM, J.] The relief sought for in the present writ petition is to direct the respondents 1 to 5 to evict the sixth respondent from the agricultural land measuring 0.38.50 Hectare comprised in S.No.105, now S.No.105/19, Thalavedu Village, Thiruttani Taluk, Thiruvallur District in Patta No.1866 and handover possession of the same to the petitioner.

2. The petitioner and the contesting private respondents are claiming to be the assignees of the Government land.

3. The counter filed by the Tahsildars would reveal that no such assignments were granted either in the name of the petitioner or in the name of the contesting private respondents.

4. It is stated that based on the manipulated names of Pattadhars, even the individuals are attempting to squat upon the

Government land.

5. Pertinently, classification of the Government lands itself has been manipulated and the Authorities found that the occupants of the Government lands done certain fraudulent activities and illegalities.

6. Since the allegations in the counter filed by the Tahsildars are serious in nature, the District Revenue Officer, Thiruvallur is directed to conduct an elaborate enquiry by affording opportunity to all the alleged encroachers/occupiers.

7. The parties are liberty to submit their documents along with the explanations/ objections if any. The District Revenue Officer is directed to issue notice to all the parties concerned, conduct an enquiry with reference to the revenue records available. If sufficient revenue records are not available, a verification is to be made in the Office of the District Collector or in the Office of the Commissioner of Land Administration or Commissioner of Survey and Settlement, as the case may be.

8. After conducting thorough enquiry by following the procedures, a decision is directed to be taken, within a period of twelve weeks from the date of receipt of a copy of this order. Upon arriving any such decision, all further appropriate actions are to be initiated to protect the Government lands by evicting the encroachers and prosecute all the persons, who have committed fraud, impersonation offence, illegalities etc.

9. Accordingly, the present writ petition stands disposed of. However, there shall be no order as to costs. (S.M.SUBRAMANIAM,J.) (K.RAJASEKAR,J.) 14-02-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Collector, Thiruvallur District, Thiruvallur.

2.The District Revenue Officer, Thiruvallur District, Thiruvallur.

3.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.

4.The Tahsildar, Thiruttani, Thiruvallur District.

5.The Superintendent of Police, Thiruvallur District, Thiruvallur.

S.M.SUBRAMANIAM, J.

AND K.RAJASEKAR, J.

Svn WP 35501 of 2019

14-02-2024