Disposed

Sona Nagar Welfare Association v. the District Collector

Madras HC6 Feb 2017WP/23722/2013

Case brief

AI extract

What is this about?

The High Court directed the Tahsildar to inspect alleged encroachments in the petitioner's property with assistance from the Surveyor. If found, action must be taken within three months. Once cleared, examination of providing amenities will follow. The petition disposed of with no costs.

What did the court decide?

Direction to respondent Tahsildar to inspect site with Surveyor within 15 days and take action within 3 months if encroachment found.

Sona Nagar Welfare Association Vs the District Collector — Land Acquisition | Madras HC (2017)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 06.02.2017

¶4

CORAM :

¶5

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND

¶6

The Hon'ble MR.JUSTICE M.SUNDAR

¶7

W.P.No.23722 of 2013

¶8

Sona Nagar Welfare Association,

¶9

Plot No.36, Opposite to St. John's School Gate, Sona Nagar, Salem-16 rep. by its Secretary M.Jayabalan.

¶10

.. Petitioner

¶11

-vs-

¶12

1.The District Collector, Salem District,

¶13

Salem.

¶14

2.The Commissioner, Salem Corporation, Salem.

¶15

3.The Tahshildar, Salem Taluk, Salem.

¶16

4.The Inspector of Police, Alagapuram Police Station, Salem.

¶17

.. Respondents

¶18

Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of directing respondents to remove the encroachments of Alagapuram Periyaputhur Odai runs through S.No.166/3 in Sona Nagar, Salem-16 and to provide basic amenities

¶19

¶20

like laying roads, drainage, street lights and drinking water in furtherance to implementation of orders passed by this Hon'ble Court in W.P.No.10867 of 2006 dated 19.04.2006 within a time frame to be fixed by this Court.

¶21

For Petitioner : Mr.R.N.Amarnath For Respondents : Mr.R.Vijayakumar Addl. G.P. for R1, R3 & R4 Mr.S.Diwakaran for R2 * * * * *

¶22

ORDER

¶23

(Order of the Court was made by The Hon'ble Chief Justice)

¶24

The grievance of the petitioner - Residents' Welfare Association is that the encroachments of Alagapuram Periyaputhur Odai runs through S.No.166/3 in Sona Nagar, Salem-16 are not being removed, affecting the civic services to be provided.

¶25

The learned counsel for the petitioner states that despite all endeavours for more than a decade, the only answer is they are surveying the area.

¶26

It is pointed out that the land is belonging to the Revenue department and not to the Salem Corporation.

¶27

We, thus, direct respondent No.3/Tahsildar, Salem Taluk to

¶28

¶29

carry out an inspection of the site with the assistance of the Surveyor within fifteen days of the receipt of the copy of this order and if any encroachment is found as alleged, action in accordance with law be taken and concluded within a maximum period of three months thereafter. In case of any requirement, the police assistance can be sought and respondent No.4 would be assisted in the same.

¶30

Once the encroachments are removed, the question of

¶31

providing amenities to the petitioner would also be examined.

¶32

The writ petition, accordingly, stands disposed of. No costs.

¶33

(S.K.K., CJ.) (M.S., J.) 06.02.2017

¶34

Index : Yes/No Internet : Yes/No bbr

¶35

¶36

1.The District Collector, Salem District, Salem. 2.The Commissioner, Salem Corporation, Salem.

¶37

3.The Tahshildar, Salem Taluk, Salem.

¶38

4.The Inspector of Police, Alagapuram Police Station, Salem.

¶39

The Hon'ble Chief Justice and

M.Sundar, J.

bbr

W.P.No.23722 of 2013

06.02.2017 http://www.judis.nic.in

Sona Nagar Welfare Association v. the District Collector

Case brief

What is this about?

What did the court decide?

Sona Nagar Welfare Association v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vishal Krishna Vs Tamil Film Producers Council

Mr.M.E.Raja, President, Vs The Inspector General of

K.R.Shivaa Kumar Vs State rep. by Secretary to

Padi Kalaivanar Nagar Makkal Vs The Government of Tamil Nadu

R.Gunasekaran Vs The Appellate Authority/

C.v.Venkatesan Vs The Section Officer