The central legal point established in the judgment is the importance of final advertisement 13 notification by the Government under the Survey and Boundaries Act 1923 for determining land ownership.

M. VENUGOPAL, J.

1. The Petitioner has preferred the instant Writ Petition in calling for the records relating to the to the proceedings of the 2nd Respondent in Pa.Mu.4111/2014 (P3) dated 19.01.2015 and to quash the same as an illegal, incompetent and ultravires one. Further, he has sought for passing of a consequential order in directing the Respondents to remove the encroachment made in S.No.6/1A/1A/1A4/23, Hosur, Krishnaigir District.

2. According to the Petitioner, the land at S.No.6/1A1A1A4/23, Hosur, Krishnagiri District is classified as Street in the revenue records, which is encroached by influential persons of the locality. Therefore, he addressed series of representation to the Respondents to remove the encroachment on public road but they were of no use. Hence, he filed W.P. No. 3457 of 2014 praying for a relief of Writ of Mandamus in directing the Respondents to remove the encroachment made on the road.

3. At this stage, the Learned Counsel for the Petitioner refers to the order dated 17.03.2014 passed by this Court in W.P. No. 3457 of 2014, which runs as under:

“2. We have heard the learned counsel appearing for the parties. From the additional typedset of papers filed by the writ petitioner, it is seen that the District Collector, Krishnagiri has already initiated action on the petitioner's representation and by Memo dated 06.02.2014 has directed the Tahsildar, Hosur Taluk, the fourth respondent to initiate appropriate action on the allegation that the respondent Nos.5 and 6 have encroached a public road and constructed shops.” and submits that the 4th Respondent/Tahsildar, Hosur Taluk, Krishnagiri District was directed to proceed further, pursuant to the memo dated 06.02.2014 issued by the 1st Respondent.

4. The Learned Counsel for the Petitioner takes a plea that the 4th Respondent/ Tahsildar, Hosur Taluk, Krishnagiri District without conducting any survey or without verifying his own records passed an order in his proceedings in Na.Ka.No.26141/2013/C2 dated 11.06.2014 whereby and whereunder he had stated about the property which is not at all connected with the dispute viz., S.No.6/1A/1A/1A4. In fact, it is represented on behalf of the Petitioner that the 4th Respondent/ Tahsildar, Hosur Taluk, Krishnagiri District had placed reliance on the documents of the encroachers, but had failed to look into the record viz., the 1st Respondent/District Collector proceedings dated 06.02.2014 and the order of this Court. Also that, the 4th Respondent/Tahsildar, Hosur Taluk, Krishnagiri District had done everything illegally, which forced the petitioner to file W.P.No.25613 of 2014 and in the said writ Petition on 19.11.2014, this Court in paragraph No.5 had observed the following:

“As the matter in issue is pending before the Sub Collector, Hosur, the said authority is directed to finalise the proceedings already initiated and pass final orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.” and disposed of the writ petition by issuing direction.

5. The Learned Counsel for the Petitioner brings it to the notice of this Court that, in the meanwhile, the Village Administrative Officer, had inspected the property and found that as per revenue records six shops were constructed on the place earmarked as public street by blocking the same in putting up a 'Grill Gate'. Subsequently, the Town Surveyor, Hosur after making an inspection forwarded a report by mentioning the very same facts stated by the Village Administrative Officer and made it clear that the encroachment is on public road. Further that, the Special Tahsildar, Land Tax had forwarded a report stating that the public road was encroached by constructing six shops and also a 'Grill Gate'. In short, the 4th Respondent/ Tahsildar, Hosur Taluk, Krishnagiri District had forwarded the report in his proceedings in Na.Ka.No.26141/2013/C2 dated 15.09.2014 to the 2nd Respondent/RDO cum Sub Collector, Hosur, Krishnagiri