Madras High CourtWP(MD)/16021/2017disposed of

R.S.Karikala Chozhan, v. The State Of Tamilnadu

2017-09-11Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.16021 of 2017 R.S.Karikala Chozhan ... Petitioner Vs.

1.The State of Tamilnadu rep. By the Chief Secretary, St. George Fort, Chennai - 9.

2.The Commissioner, Land Administrative, Ezhilagam, Chennai - 600 005.

3.The Principal Secretary, PWD Department, Secretariat, Chennai.

4.The District Revenue Officer, Thanjavur, Thanjavur District.

5.The Tahsildar, Thanjavur.

6.The Principal, Bon Secours College for Women, Villar By pass Road, Thanjavur.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to take action on the petitioner's representation dated 07.08.2017 by removing the encroachment made by the 6th respondent in Survey No.25, 1426 of Fasaliyal No.25/1 to an extent of 0.11.5 hectare at Vilar Bye pass, Thanjavur and penalize the 6th respondent for damaging the environment in the light of the Hon'ble Supreme Court in Civil Appeal No.1132 of 2011 (SLP C.C.No.3109 of 2011) and G.O.Ms.No.540 dated 04.12.2014 within the time frame as fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.R.S.Karikala Chozhan Party in person For Respondents : Mr.T.S.Md.Mohideen, AGP.

for RR1 to 5

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner alleges that the sixth respondent has committed encroachments in Survey No.25, 1426 of Fasaliyal No.25/1 to an extent of 0.11.5 hectare at Vilar Bye pass, Thanjavur. He has given representation dated 07.08.2017 to the authorities in this regard. But, no action has been taken.

2.We therefore direct the fifth respondent to enquire into the matter. If any encroachment is noticed, the same shall be removed after issuing notice to the sixth respondent and by following statutory procedures. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

3.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Chief Secretary, State of Tamilnadu St. George Fort, Chennai - 9.

2.The Commissioner, Land Administrative, Ezhilagam, Chennai - 600 005.

3.The Principal Secretary, PWD Department, Secretariat, Chennai.

4.The District Revenue Officer, Thanjavur, Thanjavur District. 5.The Tahsildar, Thanjavur.

+One cc to Mr.R.S.Karikalachozhan, Advocate, SR.No.78055 +One cc to The Special Government Pleader, SR.No.78353 skm/Arul RL/8C/2P/KP/SAR1/25/9/2017 W.P(MD)No.16021 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 11.09.2017