Madras High Court
I.H.Sekar vs The District Collector on 9 April, 2015
Bench: Sanjay Kishan Kaul, T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE T.S.SIVAGNANAM
W.P.No.12125 of 2013
I.H.Sekar .. Petitioner
-vs-
1.The District Collector
Kancheepuram District.
2.The Tahsildar,
Sozhinganallur Taluk,
Sozhinganallur,
Kancheepuram District.
3.S.Adimoolam
4.D.Rajendran
5.A.Munusamy
6.A.Settu @ Raju
7.D.Balaji
8.D.Babu @ Pushpalingam
9.Munusamy
10.D.Selvam
11.V.Selvam
12.M.M.Veerapathiran
13.V.Ganappan
14.S.Guna @ Gunasekaran
15.D.Sagayam
16.D.George
17.K.Ravi
18.C.Selvam
19.K.Mariappan
20.Gangatharan
21.A.Ranganathan
22.G.Annadurai
23.V.Appadurai
24.V.Annamalai
25.C.Chakrapani
26.M.Gajapathy
27.S.Karuna
28.K.Sivamani
29.K.Chinna Sadaiyandi
30.T.Desingh
31.D.Das
32.Sathish
33.P.Gandhirajan
(RR 3 to 33 impleaded as per
Court order dated 29.7.2013 in
MP.No.1 of 2013) .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to remove the encroachments made in Marsh lands and canal poromboke areas in survey Nos.281, 282, 283, 284 and 285 totally 156 acres at Injambakkam Village, Sozhinganallur Taluk, Kancheepuram District, complying the direction of the Hon'ble Supreme Court made in Hirch Lal Tiwari vs. Kamala Devi and others reported in 2001 (6) SCC 496 and in accordance with Tamil Nadu Land Encroachment Act 1905 and direct to retrieve these lands.
For Petitioner : Mr.I.H.Sekar
Petitioner-in-person
For Respondents : Mr.S.T.S.Moorthy
Govt. Pleader for RR 1 and 2
: No appearance for RR 3 to 33
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner has filed this Public Interest Litigation on account of what he alleges to be encroachment of Marsh lands in his native village Injambakkam. The area is stated to be of more than 156 acres and despite the request made to the Tahsildar / Second respondent, the factum of encroachments periodically taking place is acknowledged. It is, however, stated that the land located in Survey Nos.283, 284, 285 was not Marsh lands, but are as under:
Survey No. Extent Classification 281/1A1 to 3C 0.93.3 Dry land 281/2 0.02.0 Cart Track 282/1 7.08.0 Kazhuveli (38 huts encroached) 282/2 20.78.0 Grazing Ground (73 huts encroached) 282/3 38.71.0 Kazhuveli 283 6.40.5 Buckingham Canal 284
2.53.5 Buckingham Canal 285 0.15.5 Buckingham Canal All these lands except dry land survey no.281/1A1 to 281/3C belongs to Government classified as Cart Track, Grazing Ground, Kazhuveli, Buckingham Canal in revenue accounts. All these Government poramboke lands merged together on ground and the boundaries cannot be identified. Further these lands are liable for submersion during rainy season.
2.It is also stated that the land in S.No.282/2, which was originally classified as Grazing Ground poramboke in revenue accounts, lies in the middle of other fields and considering the Government policy of granting house sites and regularisations in grazing ground, encroachments take place by way of buildings or huts.
3.The petitioner submits before us that under the Right to Information Act, he has obtained information in the form of copy of 'A' Register, which shows that the nature of land has been tampered with unauthorisedly and thus, what is Marsh land, has been altered to grazing land. A perusal of the photo copy does make it clear that there is an alteration.
4.We are of the view that the following directions are liable to be issued:
1.An enquiry be held in respect of the 'A' Register alteration to confirm the validity and authenticity of the alteration and in case the alteration is unauthorised, the same be restored to its original and action be taken against the defaulting officers.
2.Since the eviction of unauthorised occupants is stated to be a periodic exercise, a fresh exercise be undertaken in accordance with law, after notice to all concerned, to clear the land.
3.A status report be filed within two months qua the aforesaid with a proper site plan and photographs of the area.
4.The exercise be conducted by the first respondent / District Collector.
5.Writ petition, accordingly, stands disposed of. No costs.
6.The report aforesaid be filed one week after the expiry of two months by the first respondent.
7.List for compliance on 03.07.2015.
(S.K.K., CJ.) (T.S.S, J.) 09.04.2015 Index : Yes/No Internet : Yes/No Note: Mark a copy to The Section Officer, Writ Section, for listing the case on 03.07.2015.
sra The Hon'ble Chief Justice and T.S.Sivagnanam, J.
(sra) To
1.The District Collector Kancheepuram District.
2.The Tahsildar, Sozhinganallur Taluk, Sozhinganallur, Kancheepuram District.
W.P.No.12125 of 201309.04.2015