Madras High Court
Dr.Rana Syad Yusuf Bakthiyar vs The Director General Of Defence Estates on 22 November, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE R.MAHADEVAN
W.P.No.20401 of 2014
Dr.Rana Syad Yusuf Bakthiyar .. Petitioner
vs.
1. The Director General of Defence Estates
Raksha Sampada Bhavan
Ulaanbaatar Marg
Delhi Cantonment, New Delhi.
2. The General Officer Commanding In Chief
Defence Estates, Southern Command
Manekji Mehta Road, Pune.
3. The Principal Director
Defence Estates, Southern Command
Manekji Mehta Road, Pune-411001.
4. The Defence Estates Officer
Madras Circle, 306, Anna Salai
Teynampet, Chennai-18.
5. The President
St. Thomas Mount cum Pallavaram
Cantonment Board
St. Thomas Mount, Chennai-16.
6. The Chief Executive Officer
St. Thomas Mount cum Pallavaram
Cantonment Board
St. Thomas Mount, Chennai-16.
7. Prabhakaran
8. A.Maria Philomi
9. P.A.Mangalam
10.The Commissioner of Police
Chennai City Police
Egmore, Chennai-8.
11.The Director
The Central Bureau of Investigation
Plot No.5, CGO Complex
Lodhi Road, Delhi-110003.
12. The Joint Director and Head of the Zone
Central Bureau of Investigation
III Floor, E.V.K. Sampath Building
College Road, Chennai-6.
13. The Assistant Engineer
Tamil Nadu Electricity Board
Pallavaram, Chennai. .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to directing the 1st respondent to initiate action against the unauthorized constructions and encroachments in all the 7 wards of the St. Thomas Mount cum Pallavaram Cantonment Board and further issue directions to the 1st respondent to initiate appropriate action against the erring officials who are responsible for encroachments and unauthorized constructions.
For Petitioner
:
Mr.M.Nandhakumar
For Respondents
:
Mr.G.Masilamani
Senior Counsel
for Mr.C.Mohan
of M/s.King & Partridge
for respondents 5 to 7
Dr.Fr.A.Xavier Arulraj
Senior Counsel
for Mr.A.Arulmary
for 8th respondent
Mr.Venkatasamy Babu
for respondents 1 to 3
MR.S.K.Rameshwar
for 13th respondent
No appearance
Not ready Notice
for respondents 4, 9 to 12
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner seeks action against the unauthorized constructions and encroachments in all the seven wards of the St.Thomas Mount cum Pallavaram Cantonment Board.
2. The report filed by the Chief Executive Officer of the Cantonment Board/sixth respondent gives credence to the allegation of the petitioner of a number of encroachments, unauthorized constructions and misusers. We are really surprised that all this should have escaped the attention of the Cantonment Board and such violations should have been permitted to be made and then continued.
3. We are of the view that the following directions be issued:
(i)The sixth respondent to act against all such encroachments, unauthorized constructions and misusers in accordance with law and endeavour to conclude proceedings within three months;
(ii)An enquiry be held as to why such rampant encroachments have been lying undetected and responsibility be fixed on officers concerned, which should be proceeded against departmentally.
(iii)The suits and statutory appeals be expeditiously disposed of, i.e., not later than three months from the date of this order being brought to their notice in the case of statutory appeals and not later than six months from the date of this order being brought to their notice in the case of suits.
4. The petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 to 3 of 2014 are closed.
In order to ensure the action, we consider it appropriate to monitor the matter. List for compliance on 17.2.2017.
(S.K.K., CJ.) (R.M.D., J.) 22.11.2016 Index : dNo Internet : Yes sasi To:
1. The Director General of Defence Estates Raksha Sampada Bhavan Ulaanbaatar Marg Delhi Cantonment, New Delhi.
2. The General Officer Commanding In Chief Defence Estates, Southern Command Manekji Mehta Road, Pune.
3. The Principal Director Defence Estates, Southern Command Manekji Mehta Road, Pune-411001.
4. The Defence Estates Officer Madras Circle, 306, Anna Salai Teynampet, Chennai-18.
5. The President St. Thomas Mount cum Pallavaram Cantonment Board St. Thomas Mount, Chennai-16.
6. The Chief Executive Officer St. Thomas Mount cum Pallavaram Cantonment Board St. Thomas Mount, Chennai-16.
7. The Commissioner of Police Chennai City Police Egmore, Chennai-8.
8. The Director The Central Bureau of Investigation Plot No.5, CGO Complex Lodhi Road, Delhi-110003.
9. The Joint Director and Head of the Zone Central Bureau of Investigation III Floor, E.V.K. Sampath Building College Road, Chennai-6.
THE HON'BLE CHIEF JUSTICE AND R.MAHADEVAN,J.
(sasi) W.P.No.20401 of 2014 22.11.2016 http://www.judis.nic.in