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2012 DIGILAW 4766 (MAD)

. Kamala Dharmalingam v. Commissioner, Corporation of Chennai

2012-11-22

M.Y.EQBAL, T.S.SIVAGNANAM

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Judgment :- T.S. Sivagnanam, J. By this writ petition, the petitioner has prayed for issuance of a direction to quash the notice dated 26.7.2011 issued by respondents 1 to 3 under Section 220 read with 222 of the Madras City Municipal Corporation Act IV of 1919, by which the petitioner was directed to remove the encroachment made by her in respect of the land at No.247, M.T.H. Road, Villivakkam, Chennai-49, failing which action will be taken for removing the same without further notice to her. 2. The petitioner assailed the impugned notice mainly on the ground that the petitioner has not put up the construction on any road margin, as alleged, the land in question being a Government poromboke land and not owned by the Corporation of Chennai and therefore, the Corporation of Chennai has no authority or jurisdiction to issue the impugned notice directing the petitioner to remove the said encroachment. 3. Learned counsel for the petitioner submitted that many other persons, including the fourth respondent himself, have encroached upon Government poromboke lands in the aforesaid locality. However, the petitioner has been singled out at the instance of the fourth respondent, at whose instigation the impugned notice has come to be issued against the petitioner. 4. In view of the aforesaid submission, since it was noticed by this Court that encroachers of Government poromboke lands have been fighting against each other, this Court directed the petitioner to implead the Tahsildar concerned as party respondent to the writ petition, and the Tahsildar, in turn, was directed to submit a report after making an enquiry as to whether the petitioner was an encroacher or not. 5. The Tahsildar, Purasawalkam-Perambur Taluk filed an affidavit stating that the petitioner is also one of the encrochers of Government land. In view of such a report by the revenue authority, this Court directed the Tahsildar to conduct an elaborate inspection of the said locality and submit an exhaustive report about all persons who are in unauthorised occupation of Government lands lying on the roadside. It was made clear that if the report indicated that there are any such encroachers, they shall not be allowed any further to hold on to the encroachments and forcefully occupy such Government lands. 6. It was made clear that if the report indicated that there are any such encroachers, they shall not be allowed any further to hold on to the encroachments and forcefully occupy such Government lands. 6. Pursuant to the aforesaid direction of this Court, the Tahsildar, Purasawalkam-Perambur Taluk has filed an affidavit stating that she had carried out a detailed field inspection with the assistance of Surveyors, in terms of the directions issued by this Court and found the following encroachments on Government lands belonging to the Highways Department :- The Tahsildar has also assured that necessary action will be taken to remove the aforesaid encroachments as per law, in co-ordination with the authorities of the Highways Department. 7. In the light of the above statement coupled with the assurance given on the part of the Revenue Authority, we dispose of this writ petition with a direction to the Tahsildar, Purasawalkam-Perambur Taluk to initiate action for removal of encroachments against all the persons who are in unauthorised occupation of Government lands, after giving due notice and an opportunity of hearing to them. However, in the circumstances of the case, there shall be no order as to costs. Consequently, M.P. No.1 of 2011 is closed.