Madras High CourtWP(MD)/17956/2013disposed of

Amala Pushpa Mary v. The State Of Tamil Nadu

2017-04-17Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.[MD].Nos.17956 and 17958 of 2013 Amala Pushpa Mary :

Petitioner in W.P.No.17956/2013 Vincent Albert :

Petitioner in W.P.No.17958/2013 Vs.

1.The State of Tamil Nadu, rep. by its Chief Secretary, Secretariat, Fort St. George, Chennai - 600 009.

2.The Secretary, Rural Development Department, Government of Tamil Nadu, Fort St. George, Chennai.

3.The Director General of Police, Kamarajar Salai, Chennai - 5.

4.The Collector, Thanjavur District, Thanjavur.

5.The Superintendent of Police, Thanjavur.

6.The Executive Authority, Villar Panchayat, Thanjavur District.

7.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Thanjavur.

8.UlagaTamizhar Peramaippu rep. by its President, No.6 South Madakku Theru, Kotturpuram, Chennai - 87.

: Respondents in both petitions PRAYER in W.P.(MD) No.17956 of 2013: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 7 to initiate action for demolition of the two community halls unauthorisedly constructed in the petitioner's land in Plot Nos.196 and 204, Papa Nagar, Survey No.17, Villar Village, Thanjavur District, and further forbear the 8th respondent from conducting any meeting from 08.11.13 or any further date, or putting up any construction or using the same in any manner.

PRAYER in W.P.(MD) No.17958 of 2013: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 7 to initiate action for demolition and removal of the garden, pillars and name board put up in the petitioner's land in Plot Nos.239 A, Papa Nagar, Survey No.17, resurveyed as No.17/1A1 Villar Village, Thanjavur District and further forbear the 8th respondent from conducting any meeting from 08.11.13 or on any further date, or putting up any construction or using the same in any manner. For Petitioners in both petitions : Mr.K.K.Ramakrishnan For Respondents : Mr.S.Chandrasekar, G.A. For R1 to 7 Mr.K.M.Vijayan for R8 COMMON ORDER ******************** [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.K.K.

Ramakrishnan, learned counsel for the petitioner in both petitions and Mr.S.Chandrasekar, learned Government Advocate appearing for the respondents 1 to 7 and Mr.K.M.Vijayan, learned counsel appearing for respondent No.8. 2.Both these writ petitions have been filed praying for a direction to the respondents 1 to 7 to demolish the construction, superstructure etc., put up by the 8th respondent in the subject property. The 8th respondent is a private entity and therefore, the writ petitions will not lie as against the 8th respondent. 3.

protection of interest and development of Tamil. The allegation is that one Natarajan has virtually hijacked the organization and has created certain records by taking over the properties owned by the organization as if they were his properties, registered certain documents and has put up construction in the property without obtaining plan approval.

4.The case of the petitioners is that what has been done by the said Natarajan is land grabbing. In this regard, criminal complaints have been given and cases have been registered in the District Crime Branch, Land Grabbing Cell, Thanjavur. It is not known as what happened to those criminal complaints, in which, first information report was registered. Apart from that, the petitioner would contend that the property was settled in favour of the organization only on account of passion and love for the language of Tamil and the petitioners are unable to see the property being grabbed by third party, who is committing illegalities after illegalities.

Since the Court has not been appreciated as to what is the outcome of the criminal proceedings, all that we can observe is that if there is any unauthorised construction, the competent authority, who deals with the same has to take immediate action regardless of the fact as to who is the complainant. In fact, it is the planning authorities and the local bodies, which have to take suo motu action without waiting for any complaint of unauthorised construction. Since no action had been initiated by the planning authorities, we are inclined to issue appropriate direction only to that extent. 5.

Considering the factual scenario, we direct the District Collector, Thanjavur to take note of the facts placed on record by the petitioners and examine the same, call for appropriate report from his officers and subordinates including the Panchayat within, whose jurisdiction construction was put up and on being satisfied that there is any illegal construction, shall issue appropriate instructions to the competent authority for doing the needful strictly in accordance with law, after notice to all concerned. 6.With the above direction, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar( C ) /True Copy/ Sub-Assistant Registrar To 1.The Chief Secretary, Secretariat, Fort St. George, Chennai - 600 009.