2024:MHC:1723 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05-04-2024 CORAM THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM WP No.2882 of 2024 And WMP No.3123 of 2024

1.K.Suresh Kumar

2.J.Sekar

3.T.J.Dhanapal

4.Ragunathan

5.J.Sankar .. Petitioners -vs-

1.The District Collector, Sathuvachari, Vellore District-632 009.

2.The Director, Veterinary Department, Chennai-600 035.

3.The Joint Director, Veterinary Department, Vellore-632 004.

4.The Revenue Division Officer, RDO Office, Sathuvachari, Vellore District-632 009.

5.The Tahsildar, Vellore Taluk Office, Vellore-632 001. .. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to construct the compound wall of Government Veterinary Hospital at Survey No.358 P/5 located at the entrance of Ramset Nagar First Street, Vellore District without affecting the petitioners' common pathway and shift the hospital to another place, where there is less residential area closed to it by considering the petitioners' representation dated 23.12.2023.

For Petitioners : Mr.M.Prakash Raj for Ms.Kanchana Arivazhagan.

For Respondents : Mr.U.Baranidharan, Special Government Pleader.

O R D E R

The Writ of Mandamus has been instituted to direct the respondents to construct the compound wall of Government Veterinary Hospital at Survey No.358P/5 located at the entrance of Ramset Nagar First Street, Vellore District without affecting the petitioners' common pathway and shift the hospital to another place where there is less residential area closed to it by considering the petitioners' representation dated 23.12.2023.

2. The grievances of the writ petitioners are that the respondent-

Veterinary Department is constructing a compound wall in their street. Thus the present writ petition came to be instituted for protecting the common pathway and shift the Government Veterinary Hospital to another place.

3. With reference to the claim of the writ petitioners, the Regional Joint Director, Animal Husbandry Department, Vellore filed counter-affidavit stating that the writ petitioners are encroachers of Government poramboke land.

4. It is contended that the construction work for Veterinary Hospital and the compound wall, is carried out only in the Government poramboke land, measuring to an extent that 0.13.0 hectare located in Survey No.358P/7 allotted to Animal Husbandry Department.

5. The respondents have further stated that no compound wall is constructed in the Government pathway as alleged by the petitioners. Further an enquiry was conducted by the Revenue Authorities on 20.02.2022 and no objection was raised by the people living in Ramset Nagar for construction of compound wall for Veterinary Hospital in Government Poramboke land, measuring to an extent of 0.13.0 hectare located in Survey No.358P/7.

6. The third respondent-Joint Director filed counter-affidavit and the relevant portions of the counter-affidavit, are extracted as under:-

“The construction of Veterinary Polyclinic by Animal Husbandry Department started on receipt of enter upon permission by District Collector in Pro.Roc.No.B1/E- 320165/2022, Dt. 26.04.2023. The approval of enter upon for transfer of land was issued as there was No 2c/Ijara trees, No precious trees, No Ancient Monuments and No Mineral resources in the proposed site of construction of Veterinary Polyclinic. Also declared that A1 notice was advertised to the concern village as on 20.02.2022 and No Objection was received from the Public and Local residents. Only the petitioners adjacent to the proposed site who illegally encroached the Government poramboke land protested before the construction. But since Revenue Officials warned them that the protesters had illegally encroached the Government Poramboke land and action would be taken against them for encroachments, they withdrew their protest. So Revenue Officials never gave any false assurance as the petitioners had mentioned.

PRESENT STATUS OF VETER