Lakshmikanthan. T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P.(MD) No.4406 of 2024 T.Lakshmikanthan ... Petitioner -vs1.The District Collector Sivagangai District Sivagangai 2.The Commissioner Karaikudi Municipality Karaikudi 3.The Director Town and Country Planning Anna Salai Chennai 4.The Fit Person Arulmighu Suyamprakasa Easwarar Temple Iluppakudi Devasthanam Iluppakudi Village Karaikudi, Sivagangai District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to remove the unauthorized constructions made in Survey Nos.429/1 and 133/9, Soodamanipuram, Karaikudi Municipality, Sivagangai District, by considering the petitioner's representation dated 30.01.2024. For Petitioner :

Mr.T.Veerakumar For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R3 Mr.D.Venkatesh, Standing Counsel, for R2 Mr.V.R.Shanmuganathan for R4

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.T.Veerakumar, learned counsel for the petitioner, Mr.P.Thilakkumar, learned Government Pleader, for the respondents 1 & 3, Mr.D.Venkatesh, learned Standing Counsel, for second respondent and Mr.VR.Shanmuganathan, learned counsel, for the fourth respondent.

2. Learned counsel for the petitioner submits that the fourth respondent possessed huge area of land. 8 Acres of land was unauthorizedly

sold. Unauthorized constructions are made on OSR land also. No steps are taken for removal of encroachments, though earlier orders were passed by this Court. Reference is made to the order dated 30.10.2023, passed in W.P.(MD) No.10034 of 2009 with connected writ petitions.

3. According to the learned counsel for the petitioner, subsequent to the said order, the petitioner could get an information under the Right to Information Act, 2005, from the second respondent that there are about 170 encroachments and unauthorized constructions and taxes have been levied for the unauthorized constructions.

4. Learned counsel for the petitioner submits that unauthorized constructions are not removed.

5. This Court would not pass the same order again and again. The order is already passed by the Division Bench of this Court in W.P.(MD) No. 10034 of 2009 with connected writ petitions on 30.10.2023 laying down the steps to be undertaken for survey and demarcation of illegal and unauthorized constructions. Directions are given to the Hindu Religious and Charitable Endowments Department to initiate appropriate action. So also, the Court

has cautioned that the order shall be complied with within the time limit as stipulated by the Court and in the event of failure, further action is to be initiated, since several orders have been passed by this Court to demolish unauthorized constructions and to remove encroachments.

6. When the said order is already in force, there is no necessity to pass another order of the same nature. If the order passed by this Court is not complied with, the petitioner has a better remedy available with him. He can adopt the said remedy.

7.

Writ petition is accordingly disposed of. No costs.

Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [P.D.B., J.] 28.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Sivagangai District, Sivagangai.

2.The Director, Town and Country Planning, Anna Salai, Chennai.

THE HONOURABLE CHIEF JUSTICE and P.DHANABAL , J.

krk and W.M.P.(MD) No.4406 of 2024 28.02.2024