High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S.J. MUKHOPADHAYA & THE HONOURABLE MR. JUSTICE V. DHANAPALAN
G. Gangadurai
Versus
The State of Tamilnadu, Rep. by its Chief Secretary to Government & Others
Writ Petition No.23499 of 2008 and M.P.No.1 of 2008
Decided on : 25-09-2008
Mandamus - Encroachment on Public Land - The court declined to issue a Writ of Mandamus to direct the removal of encroachment on public land, citing the availability of an alternative remedy under Sections 133 to 143 of the Code. The petitioner was advised to pursue the representation sent to the authorities and explore other legal avenues.
Fact of the Case:
The petitioner sought a Writ of Mandamus to direct the removal of encroachment on public land, alleging inaction by the authorities despite representation.
Finding of the Court:
The court declined to give any findings on merits as the matter was pending consideration by the authorities. The petitioner was advised to pursue the representation before the authorities and explore other legal avenues.
Issues: Alleged encroachment on public land, inaction by authorities, availability of alternative legal remedies.
Ratio Decidendi: The court cited the availability of an alternative remedy under Sections 133 to 143 of the Code for removal of encroachment on public land, and advised the petitioner to pursue the representation sent to the authorities and explore other legal avenues.
Final Decision: The Writ Petition was disposed of with the petitioner advised to pursue the representation before the authorities and explore other legal avenues. No costs were awarded, and the Miscellaneous Petition was closed.
S.J. Mukhopadhaya, J.
The Writ Petition has been preferred by the petitioner seeking for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment alleged to have been put up by the fourth respondent, comprised in S.Nos.87/1, 89/1, 90, 92, an extent of 6.59 acres, 1.36 acres, 5.16 acres and 20.00 acres, which are described as grazing field and the lands comprised in S.Nos.80, 81 and 113, an extent of 4.40 acres,
3.69 acres and 3.16 acres, which are described as water catchment area and the Vellure Lake situated in S.No.112 in an extent of 73.68 acres in A Register.
2. The grievance of the petitioner is that in spite of representation of the petitioner, no action has been taken by the authorities.
3. In the matters of removal of unauthorized construction(s)/encroachment, similar case fell for consideration before a Division Bench of this Court in the case of "R. Munuswamy vs. The District Collector, Vellore and 8 others", in Writ Petition No.20494 of 2008, wherein the Division Bench, by order dated 28. 2008, held as follows:
"23. In view of such consistent view of the Supreme Court, the exercise of writ jurisdiction for removal of encroachment or obstruction on public land, especially when a specific efficacious remedy for the same has been provided under Sections 133 to 143 of the Code, in our judgment, would be both inappropriate and improper."
4. In the present case, as we find that the petitioner and other villagers concerned, have already sent a representation dated 20.8.2008 to the second respondent-District Collector, Kancheepuram, with a copy marked to the first respondent-Chief Secretary to the Government, State of Tamil Nadu, Chennai, and as the matter is pending consideration by the authorities, we are not inclined to give any findings on merits.
5. The petitioner maypursue the said representation dated 20.8.2008 before the first and second respondents, who may decide the same, on merits, and in accordance with law, after due notice to the concerned parties. It is also open for the petitioner to take other steps before appropriate forum, in accordance with law.
6. With the above observations, the Writ Petition is disposed of. No costs. The Miscellaneous Petition is closed.
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