B. Manoharan v. Director of School Education, DPI Buildings
2018-02-05
M.VENUGOPAL, S.VAIDYANATHAN
body2018
DigiLaw.ai
JUDGMENT : S. Vaidyanathan, J. 1. The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to take appropriate action to remove the encroachment in fourth respondent-School in Survey No.82/2A1L, Senneerkuppam Village, Poonamallee Taluk, Thiruvallur District, Chennai-56. 2. According to the petitioner, the land in question initially belongs to one Chakrapani Mudaliar and that after his demise, it devolved upon his legal heirs and others who have already verbally gifted the land to the School, however, there is no document to that effect. Mrs.P.K.Rama, Tahsildar, Poonamallee who is present before this Court, and through the learned Special Government Pleader, she has produced a copy of the letter dated 04.02.2018, addressed to the District Collector, Tiruvallur, stating that as per the Revenue Records, the aforesaid survey number is in the name of the said Chakrapani Mudali and Patta No.110 is registered in his name for an extent of 0.50.0 hectares in Senneerkuppam Village under UDR-A Register, Chitta and Adangal and also in Computer Chitta. It is further stated in the said letter that there are 18 encroachers of an extent of 5000 Sq.Mtrs. It is also further averred in the said letter that, on enquiry, it is stated by the petitioner that the land was owned by his uncle, who is his father's elder brother Chakrapani and the elementary school has been constructed in the above said landed property by his uncle, who is the owner of the land when he was the Village President in the year 1970. It is further stated in the said letter that the petitioner has stated that his uncle and also his brothers have all consented to donate the entire land measuring an extent of 0.50.0 hectares in the said survey number to the Panchayat Union School so that the encroachers can be removed and the school would function in the said land. In the said letter, the Tahsildar has enclosed the extracts of Chitta, Adangal, 'A' Register and sketch showing the details of the current position of the land and also enclosed the report of the Surveyor, Village Administrative Officer and the Revenue Inspector, to show that the property was in the name of Chakrapani Mudali. 3. Heard both sides and perused the materials available on record. 4.
3. Heard both sides and perused the materials available on record. 4. Admittedly, as on date, there is no gift deed executed by the said Chakrapani Mudali, bequeathing the property in the name of the school of an extent of 0.50.0 hectares in the said survey number. It is needless to point out that as per the records, since the document stands in the name of Chakrapani Mudali, the heirs of the said Chakrapani Mudali and others who are owners of the property to an extent of 0.50.0 hectares in the said survey number, shall gift the property to the third respondent-DEEO. The said Chakrapani Mudali had also had the benefit of the orders of the Civil Court in O.S.No.468 of 1955, dated 30.11.1996, wherein the District Munsif Court, Poonamallee has passed an order of permanent injunction restraining the defendants therein from trespassing into the suit property and making any construction in the same. 5. Taking note of the factum that the encroachers referred to in the said letter of the Tahsildar, are not the owners of the property in question, it is needless to hold that the heirs and others of the said Chakrapani Mudali, who had the benefit of getting the property, are entitled to gift the property in the name of the third respondent-DEEO, to an extent of 0.50.0 hectares in the said survey number, within a period of 15 days from the date when this order is made ready. 6. Though the encroachers are not made parties before this Court and that there is possibility of the children of those persons who may be studying the said school, we make it clear that while taking action under the provisions of the Tamil Nadu Land Encroachment Act or under any other enactment, the electricity supply to those encroachers must be disconnected with effect from 14.06.2018. In this regard, we suo-motu implead the Assistant Engineer, TANGEDCO/TNEB, Kumananchavadi Range, Senneerkuppam Village, Poonamallee, Chennai-56, as fifth respondent in this Writ Petition. 7. With the above observations, the Writ Petition is disposed of. No costs. 8. Post the Writ Petition in the caption "for reporting compliance" on 22.06.2018.