J. Logeswari vs Chief Secretary To Government And Ors

Senthilkumar Ramamoorthy, J

The petitioner complains of encroachments on Government poramboke lands and waterbodies at No.46, Enampakkam Village, Uthukottai Taluk, Tiruvallur District.

The writ petitioner asserts that several survey numbers at Enampakkam village, which are detailed at paragraph 4 of the affidavit, are Government lands, which have been encroached upon by third parties. It is alleged that such third parties have dug deep bore wells and drawn ground water without authorisation and transported the same through water lorries to Chennai city. It is also stated that the writ petitioner submitted a detailed representation dated 18.02.2020 to all the official respondents calling upon them to take immediate steps to remove the encroachments. Although the representation was forwarded to the Tahsildar, Uthukottai Taluk for an inquiry, no action has been taken so far.

Mr.G.K.Muthukumar, learned Special Government Pleader, states that the appropriate authorities to take action would be the Tahsildar, Uthukottai Taluk; the Executive Engineer, PWD/WRO, Tiruvallur; or the Block Development Officer, Ellapuram, Tiruvallur District depending upon survey numbers and the location thereof.

Accordingly, without examining the merits of the grievance of the petitioner, the petitioner is permitted to submit a fresh representation to the relevant jurisdictional authority i.e., the Tahsildar, Uthukottai Taluk; the Executive Engineer, Public Works Department/WRO, Tiruvallur; or the Block Development Officer, Ellapuram, Tiruvallur District, as the case may be. Such representation shall be submitted within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the authority concerned is directed to consider such representation and dispose of the same by a reasoned order within a period of eight weeks from the date of receipt thereof. Such reasoned order shall be pronounced after providing a reasonable opportunity to all affected parties, including respondents 17 to 21 herein. In view of the fact that the merits of the matter have not been gone into and because the authorities have been directed to hear respondents 17 to 21 before passing orders, the writ petition is being disposed of without hearing respondents 17 to 21.

W.P.No.1923 of 2021 is disposed of on the above terms. There will be no order as to costs.