Madras High Court
K.Radhakrishnan vs The District Collector on 25 May, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, C.Saravanan
W.P.No.12959 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.05.2022
CORAM
THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE Mr.JUSTICE C.SARAVANAN
W.P.No.12959 of 2022
AND
W.M.P.No.12436 of 2022
K.Radhakrishnan ... Petitioner
Vs.
1.The District Collector
Thiruvallur District
Thiruvallur
2.The Revenue Divisional Officer
Revenue Divisional Office
Tiruttani Taluk
Thiruvallur District
3.The Deputy Director
Thiruvallur District Town and Country Planning Office
No.43/397-A, 2nd Floor
Annai Indra Gandhi Salai
Rajajipuram
Phase-II
Thiruvallur 602 001
https://www.mhc.tn.gov.in/judis
1/8
W.P.No.12959 of 2022
4.The Deputy Director
Chengalpattu District Town and Country Planning Office
No.124, GST Road
Periyar Shopping Complex
Chengalpet 603 001
5.The Commissioner
Tiruttani Municipality
Tiruttani Taluk
Thiruvallur District
6.The Tahsildar
Tiruttani Taluk
Thiruvallur District
7.K.Prabhavathiammal
8.K.M.Santhosh Kumar ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of mandamus directing the official
respondents 1 to 6 to remove the illegal encroachments and the statues of
politicians erected on Mangalakizhar Street, Sengunthar Nagar Layout,
Tiruttani, Thiruvallur District and restore the road to its approved size
i.e, 20 ft. width and 541 ft. length and ensure the peaceful usage of the
same by the general public and plot owners by considering the petitioner's
representation dated 29.03.2022.
For Petitioner : Mr.R.Jayaprakash
For Respondents : Mr.A.Selvendran
Special Government Pleader
https://www.mhc.tn.gov.in/judis
2/8
W.P.No.12959 of 2022
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) This writ of mandamus is filed to direct the official respondents 1 to 6 to remove the illegal encroachments and the statues of politicians erected in Mangalakizhar Street, Sengunthar Nagar Layout, Tiruttani, Thiruvallur District and to restore the road to its approved size i.e, 20 ft. width and 541 ft. length and ensure the peaceful usage of the same by the general public and plot owners by considering the petitioner's representation dated 29.03.2022.
2. The petitioner is the resident of Bharathiar Street, Subramania Nagar, Tiruttani, Thiruvallur District. The grievance of the petitioner is that the public street has been encroached upon by the private individuals and some political parties have also put up certain illegal constructions and erected statues of the leaders, which causes inconvenience to the people who all are using the public streets.
3. This Court, by order dated 18.05.2022, directed the 3rd respondent/Deputy Director, Thiruvallur District Town and Country https://www.mhc.tn.gov.in/judis 3/8 W.P.No.12959 of 2022 Planning Office to conduct a field inspection and submit a status report. Accordingly, the learned Special Government Pleader appearing on behalf of the official respondents filed the report dated 24.05.2022 signed by the Assistant Director, District Town and Country Planning, Thiruvallur District. Paragraphs 4 and 5 of the said report reads as under :
“4. It is submitted that on perusing the records available in the office, it is understood that a Technical clearance is stated to have been issued by the Deputy Director of Town and Country Planning, Chengalpat to form a residential layout in the land bearing survey No.94/1A and 94/1B at Tiruthani Town Taluk of Tiruvallur District, vide ma.pa.maa.naa/na.vu.thu.eNo:17/1975 and modified vide 17/1980. The total extent of the layout was 4.96 acres (216058 sq.ft.). While issuing the technical clearance, a service road to a width of 20 feet + 15 feet has been ear marked as a service road which is stated to have been encroached and is in question. The site in question was inspected on 20.05.2022 and the following were noticed :
(a) The entire length of 541 feet service road has been sub-
divisioned into 14 no. of plots unauthorisedly without getting any approval from the competent authority and reportedly sold to different purchasers.
(b) Three statues viz., former Chief Ministers Annadurai, M.G.Ramachandran and J.Jayalalitha have been installed also shops have been constructed in some of the unauthorisedly sub-divisioned plots for which no permission have been reportedly obtained from the competent authority.
(c) Since only technical clearance has been issued, the local authority has to take the roads ear marked in the technical approved layout under their possession as envisaged under Tamil Nadu District Municipality Act, 1920.
5. Since the layout is reportedly approved by the Town and Country Planning Department during the year 1980, it is humbly prayed that a time of one month may be granted to assess the originality of the layout by searching the records available in the Chengalpat office and to https://www.mhc.tn.gov.in/judis 4/8 W.P.No.12959 of 2022 submit detailed report before the Bench of Hon'ble Madras High Court.”
4. A perusal of the report reveals prima facie case regarding the encroachment of public land in that particular locality, more specifically the entire length of 541 feet service road has been sub- divisioned into 14 number of plots unauthorisedly without getting any approval from the competent authority and reportedly sold it to different purchasers.
5. When the authorities competent filed a report stating that there are encroachments and without permission, allotments are made in an illegal manner, then actions are imminent and the authorities are bound to clear all the encroachments in that public streets for the free usage of the road by the public at large. In paragraph 5 of the said report, the Deputy Director states that one month time may be required to assess the originality of the layout by searching the records available in the Chengalpattu office pertaining to the year 1980.
6. We are inclined to consider the said request of the Deputy https://www.mhc.tn.gov.in/judis 5/8 W.P.No.12959 of 2022 Director, as the authorities have decided to verify the original records for the purpose of further actions. It is prima facie clear that there are encroachments and thus, actions cannot be delayed. Under the Tamil Nadu Town and Country Planning Act, 1971, even erection of statues in a public place is not permitted and such encroachments or illegal constructions or erection of statues are liable to be removed after verifying the records of the year 1980 as stated by the Deputy Director in his report dated 24.05.2022.
7. Accordingly, the official respondents are directed to verify the records pertaining to the year 1980 available in Chengalpattu office within a period of four weeks and thereafter, initiate all appropriate actions to remove the encroachments, illegal constructions, statues etc. and keep the public streets for the free usage of public at large in that locality. It is needless to state that the authorities before removing the encroachments are bound to follow the provisions of the Tamil Nadu Land Encroachment Act, 1905, by issuing appropriate notice and by receiving objections from the persons concerned, if any submitted.
With the above directions and observations, this Writ Petition is https://www.mhc.tn.gov.in/judis 6/8 W.P.No.12959 of 2022 disposed of. No costs. Connected Miscellaneous Petition is closed.
[S.M.S., J.] [C.S.N., J.]
gya/nsd 25.05.2022
To
1.The District Collector
Thiruvallur District
Thiruvallur
2.The Revenue Divisional Officer
Revenue Divisional Office
Tiruttani Taluk, Thiruvallur District
3.The Deputy Director
Thiruvallur District Town and Country Planning Office No.43/397-A, 2nd Floor Annai Indra Gandhi Salai Rajajipuram, Phase-II Thiruvallur 602 001
4.The Deputy Director Chengalpattu District Town and Country Planning Office No.124, GST Road Periyar Shopping Complex Chengalpet 603 001
5.The Commissioner Tiruttani Municipality Tiruttani Taluk, Thiruvallur District
6.The Tahsildar Tiruttani Taluk Thiruvallur District S.M.SUBRAMANIAM, J.
AND https://www.mhc.tn.gov.in/judis 7/8 W.P.No.12959 of 2022 C.SARAVANAN, J.
gya W.P.No.12959 of 2022 25.05.2022 https://www.mhc.tn.gov.in/judis 8/8