Madras High Court
S.Arokkiasamy @ R.Swamy vs Additional Chief Secretary on 25 October, 2019
Author: M. Sathyanarayanan
Bench: M. Sathyanarayanan
WP.No.30534 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.10.2019
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE N.SESHASAYEE
WP.No.30534 of 2019
S.Arokkiasamy @ R.Swamy .. Petitioner
Versus
1.Additional Chief Secretary
and Commissioner for Land Administration
Ezgilagam, Chepauk,
Chennai 600 005.
2.Principal Secretary and
Commissioner of Revenue Administration
Ezhilagam, Chepauk,
Chennai 600 005.
3.The Director,
Department of Survey and Settlement
Survey House,
Chepauk, Chennai 600 005.
4.The Director
Department of Town and Country Planning
807, Anna Salai, Chennai 600 002.
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WP.No.30534 of 2019
5.The District Collector
O/o.The District Collector,
Vengikkal Village & Post,
Thiruvannamalai Taluk & District
PIN-606604.
6.The District Revenue Officer,
O/o.The District Collector,
Vengikkal Village & Post,
Thiruvannamalai Taluk & District
PIN-606604.
7.The District Superintendent of Police
O/o.District Superintendent of Police
Vengikkal Village & Post,
Thiruvannamalai Taluk & District
PIN-606604.
8.The Assistant Director,
O/o.The Assistant Director
Ex-Service Man Welfare
District Collector's Master Plan Complex
Vengikkal Village & Post
Thiruvannamalai Taluk & District
PIN-606604.
9.The Assistant Director,
O/o.The Assistant Director
Survey and Records,
District Collector's Master Plan Complex
Vengikkal Village & Post
Thiruvannamalai Taluk & District
PIN-606604.
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WP.No.30534 of 2019
10.The Revenue Divisional Officer,
O/o.The Revenue Divisional Officer,
Tindivanam Road,
Thiruvananmalai Town & Taluk,
Thiruvannamalai District,
Pin-606 601.
11.The Tahsildar,
O/o.The Tahsildar,
Chengam Town and Taluk,
Thiruvannamalai District,
PIN 606 701.
12.The Deputy Superintendent of
Police O/o. The Deputy Superintendent of
Police Thukkapet Chengam Town and Taluk
Thiruvannamalai District PIN 606 701
13. The Deputy Superintendent of
Police (Anti Land Grabbing Cell) O/o. The
Deputy Superintendent of Police Thukkapet
Chengam Town and Taluk Thiruvannamalai
District PIN 606
14.The Commissioner
Panchayat Union Chengam Chengam Town and
Taluk Thiruvannamalai District
15.The Zonal Deputy Tahsildar
O/o. The Revenue Tahsildar Chengam Taluk
Office Campus Chengam Town and Taluk
Thiruvannamalai District PIN 606 701
16.The Deputy Block Development
Officer (Village Panchayat) Panchayat
Union Chengam Chengam Town and Taluk
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WP.No.30534 of 2019
Thiruvannamalai District
17.The Taluk Head Surveyar /
The Deputy Inspector of Survey Chengam
Taluk Office Campus Chengam Town and Taluk
Thiruvannamalai District PIN - 606 701.
18 The Inspector of Police
(Law and Order) Melchengam Police Station
Melchengam Village Melpallipattu Post
Chengam Taluk Thiruvannamalai District -
606 703
19.The Revenue Inspector
O/o. The Pachchal Revenue Firka Pachchal
Village and Post Chengam Taluk
Thiruvannamalai District - 606 704
20.The Firka Surveyar
O/o. The Firka Surveyar Pachchal Revenue
Firka Pachchal Village and Post Chengam
Taluk Thiruvannamalai District - 606 704.
21.The Sub Inspector of Police
Pachchal Police Station Pachchal Village
and Post Chengam Taluk Thiruvannamalai
District - 606 704.
22.The Village Administrative Officer
O/o. The Village Administrative
Office Kannakurukkai Revenue Village
Pachchal Post Chengam Taluk
Thiruvannamalai District - 606 704.
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WP.No.30534 of 2019
23.S.Thirumalai,
Former Village Administrative of
Kannakurukkai Revenue Village,
Present working as Village Administrative Officer,
Thokkavadi Village,
Thokkavadi Post,
Chengam Taluk,
Thiruvannamalai District-606 704.
24.P.Durairaj
25.G.Chinnaiyan
26.C.Govindaraj ..... Respondents
PRAYER:- Writ petition filed under Article 226 of the Constitution of
India prays to issue a Writ of Mandamus directing the Respondent 5 10 11
14 and 16 to remove the illegal construction made by the 25th and 26th
Respondents herein and direct the 7 12 13 18 and 21 Respondents herein
to take action offence under Commission of Anti Land Grabbing Act and
direct the 5th 6th 10th and 11th Respondents herein to issue permanent
Patta to the Petitioners land and house in Survey No. 88/1A and Sub
Division No. 118/5 measuring an extent about (0.015 Airs) 1453 1/4
square feet situated at Door No. 324 T.V. Room Street Beemanandal
Village Pachchal Post Chengam Taluk Thiruvannamalai District after
cancel the temporary patt of Naththam-Live-over case' (ej;jk; epYit
,dk;)
For Petitioner : Mr.Dalit Tiger C.Ponnusamy
For Respondents : Mr.P.Sivashanmugasundaram
Special Government Pleader
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WP.No.30534 of 2019
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,] The petitioner claims to be an Ex-Army man, aged about 85 years and he and his family are in possession and enjoyment of the house and plot measuring an extent of 0.015 airs, 1453 ¼ square feet in S.No.88/1A, Sub Division No.118/5, Door no.324, T.V.Room Street, Beemanandal Village, Pachchal Post, Chengam Taluk, Thiruvannamalai District. It is the claim of the petitioner that the said plot and the superstructure are hereditary in nature. He and his predecessor are in possession of the said property right from the year 1900. The grievance expressed by the petitioner is that some private respondents have encroached upon the said land and started putting up some constructions without any planning permission whatsoever and repeated representations were submitted, based on which, the 1st respondent has sent a communication dated 13.08.2019 to the Sub Inspector of Police, Pachal Police Station to take appropriate action and despite that no action has been taken by the concerned official.
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2. Attention of this Court was also invited to the communication of the 10th respondent dated 24.07.2019 in Na.Ka.No.A3/4279/2019 addressed to the 11th respondent, to cause removal of encroachments and maintain the account pending and take other appropriate action. In the light of the alleged encroachment and unauthorised construction, the learned counsel appearing for the petitioner would submit that the petitioner is an Ex-Army personnel and therefore, some sensitivity is to be shown to his representation and despite a positive direction issued by the 10th respondent to the 11th respondent, nothing is moving forward and the petitioner has also submitted a detailed representation dated 25.09.2019 to the 10th respondent and despite receipt and acknowledgment, no action whatsoever has been taken to alleviate the grievance of the petitioner and hence prays for appropriate order.
3. Mr.P.Shivashanmugasundaram, learned Special Government Pleader accepts notice on behalf of respondents 10, 11, 21 and 22.
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4. In the light of the above facts and circumstances, this Court.
without going into the merits of the claim projected by the petitioner either in his representations or in this Writ petition, directs the Revenue Divisional Officer, Thiruvannamalai District / 10th respondent to consider and dispose of the petitioner's representation dated 25.09.2019 on merits and in accordance with law, after putting the petitioner on notice as well as the private respondents and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision to be taken, to the petitioner as well as to the private respondents.
5. The writ petition stands disposed of with the above direction. No costs.
[M.S.N.,J] [N.S.S., J]
25.10.2019
Index :Yes/ No
Internet :Yes /No
sk
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WP.No.30534 of 2019
To
1.Additional Chief Secretary
and Commissioner for Land Administration Ezgilagam, Chepauk, Chennai 600 005.
2.Principal Secretary and Commissioner of Revenue Administration Ezhilagam, Chepauk, Chennai 600 005.
3.The Director, Department of Survey and Settlement Survey House, Chepauk, Chennai 600 005.
4.The Director Department of Town and Country Planning 807, Anna Salai, Chennai 600 002.
5.The District Collector O/o.The District Collector, Vengikkal Village & Post, Thiruvannamalai Taluk & District PIN-606604.
6.The District Revenue Officer, O/o.The District Collector, Vengikkal Village & Post, Thiruvannamalai Taluk & District PIN-606604.
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7.The District Superintendent of Police O/o.District Superintendent of Police Vengikkal Village & Post, Thiruvannamalai Taluk & District PIN-606604.
8.The Assistant Director, O/o.The Assistant Director Ex-Service Man Welfare District Collector's Master Plan Complex Vengikkal Village & Post Thiruvannamalai Taluk & District PIN-606604.
9.The Assistant Director, O/o.The Assistant Director Survey and Records, District Collector's Master Plan Complex Vengikkal Village & Post Thiruvannamalai Taluk & District PIN-606604.
10.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Tindivanam Road, Thiruvananmalai Town & Taluk, Thiruvannamalai District, Pin-606 601.
11.The Tahsildar, O/o.The Tahsildar, Chengam Town and Taluk, Thiruvannamalai District, PIN 606 701.
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12.The Deputy Superintendent of Police O/o. The Deputy Superintendent of Police Thukkapet Chengam Town and Taluk Thiruvannamalai District PIN 606 701
13. The Deputy Superintendent of Police (Anti Land Grabbing Cell) O/o. The Deputy Superintendent of Police Thukkapet Chengam Town and Taluk Thiruvannamalai District PIN 606
14.The Commissioner Panchayat Union Chengam Chengam Town and Taluk Thiruvannamalai District
15.The Zonal Deputy Tahsildar O/o. The Revenue Tahsildar Chengam Taluk Office Campus Chengam Town and Taluk Thiruvannamalai District PIN 606 701
16.The Deputy Block Development Officer (Village Panchayat) Panchayat Union Chengam Chengam Town and Taluk Thiruvannamalai District
17.The Taluk Head Surveyar / The Deputy Inspector of Survey Chengam Taluk Office Campus Chengam Town and Taluk Thiruvannamalai District PIN - 606 701.
18 The Inspector of Police (Law and Order) Melchengam Police Station Melchengam Village Melpallipattu Post Chengam Taluk Thiruvannamalai District -
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19.The Revenue Inspector O/o. The Pachchal Revenue Firka Pachchal Village and Post Chengam Taluk Thiruvannamalai District - 606 704
20.The Firka Surveyar O/o. The Firka Surveyar Pachchal Revenue Firka Pachchal Village and Post Chengam Taluk Thiruvannamalai District - 606 704.
21.The Sub Inspector of Police Pachchal Police Station Pachchal Village and Post Chengam Taluk Thiruvannamalai District - 606 704.
22.The Village Administrative Officer O/o. The Village Administrative Office Kannakurukkai Revenue Village Pachchal Post Chengam Taluk Thiruvannamalai District - 606 704.
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