S.Manoharan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Manoharan .. Petitioner vs 1.The District Collector, Thiruvallur District, Thiruvallur-602 001.

2.The District Revenue Officer, Thiruvallur Thiruvallur District.

3.The Tahsildar, Avadi, Thiruvallur District-600 054.

4.The Commissioner of Panchayat Union, Poonamallee, Thiruvallur District.

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

6.Kannan .. Respondents (Cause-title of respondent Nos.3 and 6 amended as per the order dated 21.3.2019 made in WMP No.9122 of 2019 in W.P.No.33655 of 2018) (Respondent No.4 is given up vide order dated. 10.04.2019) Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the third and fourth respondents to conduct an enquiry and remove the illegal encroachment and unauthorised constructions made in the place allotted for public utility in SR Nos.86/1A, 87/1A, 1A3 and 1B of Nadukuthagai Village, Poonamallee Panchayath Union, Thiruvallur District.

For the Petitioner : No appearance For the Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1 to 3 & 5 : Respondent No.4 given up vide order dated 10.4.2019.

: Mr.J.Vasu for respondent No.6

ORDER

(Order of the court was made by the Hon'ble Chief Justice) None appears for the petitioner when the matter is called out.

2. Heard Mr.T.K.Saravanan, learned Government Advocate for respondents 1 to 3 and 5; and, Mr.J.Vasu, learned counsel for the sixth respondent.

3. It is alleged that the lands in Survey Nos.86/1A, 87/1A, 1A3 and 1B of Nadukuthagai Village, Poonamallee Panchayat Union are allotted for public utility and unauthorized constructions are made in the said lands.

4. A status report is filed by the Tahsildar, Avadi Taluk.

5. It is submitted that house site lands were formed as "St. Mary's Nagar" in the year 1984 at Survey Nos.86/1A, 87/1A, 1A3 and 1B in Nadukuthagai Village. The said lands are patta lands and

not government lands.

6. No document is produced to show that the said lands are allotted for public utility and approved by the Chennai Metropolitan Development Authority.

7. In the light of the above, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 03.11.2023 Index :

Yes/No Yes/No bbr

To 1.The District Collector, Thiruvallur District, Thiruvallur-602 001.

2.The District Revenue Officer, Thiruvallur Thiruvallur District.

3.The Tahsildar, Avadi, Thiruvallur District-600 054.

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

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 03.11.2023