The High Court disposed of this appeal, clarifying that respondents must conduct a de novo inquiry into OSR land encroachments within three months after hearing parties and reviewing documents, while leaving aside the procedural challenge regarding a notice issued under the 1905 Act.
No costs. Connected C.M.P closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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W.A.No.3085/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 20-11-2023
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.No.3085 of 2023
Mr.V.U.Maruthachalam
Appellant
-vs-
5.Mr.M.Raju
6.N.M.Sukumar
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7.The Executive Officer, Vellalore Town Panchayat, Coimbatore.
8.The Director of Town and Country Planning (DTCP), CMDA Office Complex, E and C, Market Road, Koyambedu, Chennai-600 107. 9.The Assistant Director of Survey and Land Records, Collectorate, Coimbatore. 10.The Superintendent of Police (Rural), Coimbatore, Coimbatore District. 11.The Commissioner of Town Panchayat, No.75, Santhome High Road, Urban Administrative Building, MRC Nagar, Raja Annamalai Puram, Chennai – 600 028. 12.The District Registrar, Registration Department, State Bank Road, Collectorate, Coimbatore – 641 018. ... Respondents
Appeal under Clause 15 of the Letters Patent against the order, dated 13.09.2023, passed in W.P.No.10946 of 2023.
For Appellant : Mr.C.Mani Shankar, Senior Counsel, for Mr.K.Shanmuganadhan.
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For Respondents 1 to 4 : Mr.A.Selvendran, Spl.Govt.Pleader. For Respondent 7 : Mr.E.Vijay Anand, Addl.Govt.Pleader.
W.A.No.3085/2023
JUDGMENT
(By S.Vaidyanathan,J .)
This intra-court has been filed challenging the order, dated 13.09.2023, passed in W.P.No.10946 of 2023.
would submit that the OSR land, which is the subject matter of appeal and referred to in the order impugned, does not belong to the appellant, but it is the property situate adjacent to his property. He also drew the attention of this Court to the interim order passed by this Court about initiation of civil and criminal action.
''7. Elaborate adjuration of allegations in the present writ petition is not required. In view of the fact that respondents 1 to 4 are bound to initiate all appropriate actions to prosecute the offenders and to restore the OSR lands gifted in favour of the local authorities in the entire locality. In this context, the 6th respondent is at liberty to submit a fresh compliance, setting out the facts and circumstances along with the
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documents if any. The report submitted by the authorities may be served to these parties who in turn, on receipt may submit their objections if any to the authorities which may also be considered while initiating actions against the offenders in this regard.
8. At the outset, the respondents 1 to 3 are directed to conduct an
inquiry and thereafter, initiate appropriate action, both under the criminal law and under the relevant Act and Rules and to resume the OSR lands and protect the lands for the benefit of the people of that locality.
9. The District Collector is directed to initiate disciplinary proceedings against the Government officials who are involved any such lapse, negligence or dereliction of duty or corrupt activities. If any allegations of corruptions are noticed, then action under the Prevention of Corruption Act is to be initiated. The District Collector is directed to institute all necessary actions in the interest of public and to protect the public properties. The District Collector is directed to complete the inquiry within a period of three (3) months and initiate all appropriate actions.''
to conduct an inquiry and, if there was a prima facie case made out, to initiate appropriate action in accordance with law.
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approached this Court by way of this appeal.
Index : Yes/No Internet : Yes/No dixit
(S.V.N.,J.) (K.R.S.,J.) 20-11-2023
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To
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S.VAIDYANATHAN,J. AND K.RAJASEKAR,J.
dixit
W.A.No.3085 of 2023
20-11-2023
3 issues framed by the court
Whether the writ appeal against the writ petition disposal order deserves allowance.
How the respondents must proceed with the inquiry on the status of OSR lands and encroachments.
Whether to address the challenge regarding the validity of the notice issued under Section 9 of the Tamil Nadu Land Encroachment Act, 1905.
V.U.Maruthachalam
District Collector
District Revenue Officer
Revenue Divisional Officer
Tahsildar
Executive Officer
S.Vaidyanathan
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
