Madras High Court
Mr. Gurjala Jayachandra Naidu vs The Government Of Tamil Nadu on 6 October, 2021
1 W.P.No.11252 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.10.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.11252 of 2021
and
W.M.P. No.11911 of 2021
Mr. Gurjala Jayachandra Naidu,
S/o. Veeraswamy Naidu (Late),
No. 16-7-14, M.D.H. Begum street,
Poornandapet, Vijayawada-520003,
Krishna District, Andhra Pradesh
Rep. by his Registered General Power of Attorney Agent
Mr. Potla Malathi Rao,
S/o. Dasaiah (Late),
H.No.1-8-78. Jubleepura,
Khammam-507 001.
Telangana State. ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. by Principal Secretary,
Revenue and Land Administration,
Secretariat, Chennai-600 009.
2. The District Collector and Magistrate,
Collectorate, Chennai-600001.
3.The District Revenue Officer,
Land Administration, Collectorate,
Chennai-600001.
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2 W.P.No.11252 of 2021
4. The Tahsildar,
Taluk Office, Sholinganallur,
Chennai District.
5.The Conservator of Forests,
Chennai District, Tamil Nadu.
6.The Assistant Conservator of Forests,
Palli Karnai, Sholinga Nallur Taluk,
Chennai District, Tamil Nadu. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India to issue a a writ of Mandamus or any other appropriate writ order of
direction in the nature of such writ directing the respondents 2,3,4,5 and 6 to
withhold the illegal and unauthorized construction activity of a boundary
wall in respect of the Petitioner's Decreed Peaceful Possessive Land
admeasuring Ac-3053.00 [ie.Ac-1285-Non Marshy Land and remaining
Marshy Land self style Declaration] in Sy.No.'s.657 & 658, and all other
bifurcated Survey Nos. ie.658/1A, 657/4A, 657/4C and 658 situated at
Pallikarnai Village, Sholinga Nallur Taluk, Previously Kanchipuram District,
Presently Chennai District, Tamil Nadu State by considering the
representation dated 15.03.2021 and pass orders accordingly.
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3 W.P.No.11252 of 2021
For Petitioner : Mr.S. Mazhaimenipandiyan
For Respondents 1 -4 : Mr.V. Veluchamy
(Government Advocate)
For Respondents 5 & 6 : No Appearance
******
ORDER
The relief sought for in this Writ Petition is for a direction to the
respondents 2,3,4,5 and 6 to withhold the illegal and unauthorized
construction activity of a boundary wall in respect of the Petitioner's Decreed
Peaceful Possessive Land admeasuring Ac-3053.00 [ie.Ac-1285-Non
Marshy Land and remaining Marshy Land self style Declaration] in
Sy.No.'s.657 & 658, and all other bifurcated Survey Nos. ie.658/1A,
657/4A, 657/4C and 658 situated at Pallikarnai Village, Sholinga Nallur
Taluk, Previously Kanchipuram District, Presently Chennai District, Tamil
Nadu State by considering the representation dated 15.03.2021 and pass
orders accordingly.
2. The learned counsel for the petitioner would submit that the
petitioner has been appointed as Lawful Attorney Agent to the Principal
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Mr. Gurjala Jayachandra Naidu, S/o Veeraswamy Naidu (Late), resident of
Vijayawada, Krishna District, Andhra Pradesh vide Registered GPA
No.6/2017 dated 17.01.2017 on the file of the Joint Sub-Registrar,
Gunadala, Krishna District, Andhra Pradesh in respect of movable and
immovable properties having been devolved to the said principal from his
predecessors in pursuance to C.S.No.213 of 1898 which was decreed on
02.02.1900 and E.A.51/1910, dated 19.08.1915, E.P.4/1908, dated
09.09.1910 in C.S.No.91/1902, dated 21.04.1910 on the file of this Hon'ble
Court. The petitioner's Principal was declared absolute legal heir by a decree
and Judgment dated 01.05.2008 in O.S.No.18 of 2008 on the file of Hon'ble
Senior Civil Judge, Puttur, Chittoor District, Andhra Pradesh and as such
the Principal was in succession to the all the inherited ancestral properties.
The said inherited successive movable and immovable properties were in
peaceful possession and enjoyment under the control of the said Principal
and where as Khisti Receipts i.e., the levied taxes in respect of the devolved
scheduled properties were being paid to till date without any default.
3. It has been further submitted by the learned counsel for the
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petitioner that the devolved movable and immovable properties belongs to
Karvetinagar Estates, Devalampeta Estate, Chettinadu Estates, etc. which
were spread across the states of Tamil Nadu, Andhra Pradesh and
Telangana earlier known as the composite state of "The Madras Presidency"
under the regime of East India Company & British Government. The Estates
were transferred from Andhra Pradesh (Presently AP & Telangana state) to
Madras vide Part R.C.No. 308/68, dated 23.08.1968 and R.C.No. B8664/68
dated 15.06.1968. The said properties were received by the Madras
Government vide File No.167328 in G.O.Ms.No.1834 (Revenue)
department dated 21.09.1968. The Lands in Estates were taken over under
the Tamil Nadu Estates (Abolition & Conversion into Ryotwari) Act, 1948.
4. The learned counsel for the petitioner would further submit that the
total inherited ancestral properties were operated the then under one
document by coding the head of the Revenue Village No. 174, Gopalapuram
Village, Narayanavanam, Puttur Sub-District of North Arcot District. The
Tamil Nadu Government issued G.O.Ms.No.1300 dated 30.04.1971
Revenue Department to grant Patta to persons in continuous possession and
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enjoyment in pursuance to G.O.Ms.No.2502 (Revenue) dated 08.07.1958
Tamil Nadu Act, XXVI of 1948. Also the subsequent G.O.Ms.No.1312
(Revenue) dated 26.07.1967 was issued to Grant Patta to the Land holders
in possession. While being so, the deceased father of the principal named
Sri. Veeraswamy Nai (late) has applied for the grant of Pattas in respect of
the devolved properties in succession and possession on 11.04.1985 vide file
No. 93016 and 31.03.1986 vide file No. 55070 in pursuance to the supra
GO's to the respective the then authorities.
5. It has been further submitted that the principal has been in
continuous, peaceful possession and enjoyment of the said devolved
properties and has been paying the levied taxes from time to time to the
government particularly in respect of all the immovable properties and
obtaining the receipts to that effect regularly.
6. It has been further submitted by the learned counsel for the
petitioner that the petitioner herein has represented before the respondents
2 and 4 herein for the issuance of Adangal, 1-B, sethuvar, confirmation and
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computerized patta in respect of the agriculture land ad-measuring AC 131.
550 in survey Nos. 658/1A, 657/4A, 657/4C and 658 situated at Pallikaranai
Village No. 119, Solinganallur Taluk, the then Kancheepuram District and
presently Chennai District. In spite of repeated representations, the
respondents 2 & 4 have not complied and resolved the grievance of the
petitioner due to which the illegal encroachers are attempting to grab the
peaceful possessive lands of the principal and in this regard, the petitioner
has filed W.P.No.11143 of 2017 before this Court and this Court by its
order dated 28.04.2017 directed the respondents 2 to 4 to consider the
petitioner's representations dated 10.02.2017, 25.03.2017 and 07.04.2017 to
pass orders on merits and in accordance with law, with in a period of 12
weeks from the date of the receipt of a copy of this order.
7. The learned counsel for the petitioner would further submit that
the respondents 5 & 6 are progressing with the illegal and unauthorized
construction activity i.e. the boundary wall across the Petitioners Land i.e.,
Open Place to an extent of Ac-3053.00 (Ac-1285-Non Marshy Land and
remaining Marshy Land self style Declaration) in S.Nos. 657 & 658, and all
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other bifurcated S.Nos.658/1A, 657/4A, 657/4C, etc. situated at Pallikarnai
Village, Sholinga Nallur Taluk, Previously Kanchipuram District, Presently
Chennai District, Tamil Nadu State without issuing any Notice to the
absolute Property Decreed Owners against the Principles of Natural Justice
and in gross violation of Articles 14 & 300A leading the principal to an
irreparable loss.
8. It has been further submitted that the petitioner has represented
before the respondents 2 to 6 dated 15.03.2021 to withhold the illegal and
unauthorized construction activity immediately but in vain. It is pertinent to
note that it is an non marshy land having been used for multiple
establishments by illegally encroaching the decreed Petitioner's peaceful
possessive land and further it is attempted to grab the remaining part and
parcel of land due to which the petitioner's Principal may be put to an
irreparable loss. Hence, having no alternative and efficacious remedy, the
petitioner is constrained to file this Writ Petition.
9. The learned Government Advocate for the respondents on
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instruction would submit that the respondents 5 and 6 are unilaterally and
high handedly progressing with the illegal and unauthorized construction
activity (i.e. the boundary wall across the petitioner's land i.e. open place to
an extent of Ac 3053.00 (i.e. Ac-1285-Non-Marshy land and remaining
marshy land self style declaration) in Survey Numbers 657 and 658 and all
other bifurcated survey numbers (i.e. 658/1A, 657/4A, 657/4C and 658)
situated at Pallikaranai Village, Sholinganallur Taluk, previously
Kancheepuram District, presently Chennai District, Tamil Nadu, is denied as
false and the petitioner is put to strict proof of the same.
10. It has been further submitted that the survey numbers of the
subject property are registered in the Revenue Records as follows:
Village Pallikaranai Pallikaranai Pallikaranai
Survey Number 658/1A 657/4A 657/4C
Classification Govt. Punjai Dry Govt. Punjai Dry Govt. Punjai Dry
Extent in 87 40 00.0 04 89 50.0 10 90 50.0
Hec Ares Sq mts
Adangal Manavari Tharisu Kazhuveli Manavari Tharisu
Remarks About 200 - -
encroachments
Though the petitioner claims that he has been paying all the dues, the details
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as to whether the said land in S.Nos. 658/1A, 657/4A and 657/4C was
assessed to Urban Land Tax and as to whether the ULT is paid by the
petitioner regularly. Moreover, though the petitioner claims that the said
property has been in peaceful possession and enjoyment of the said devolved
properties, the said land remains vacant on ground. The petitioner is put to
strict proof of the same.
11. It has been further submitted that only the computerized Land
record in respect of the aforesaid properties is available for the aforesaid
survey numbers. Moreover, the petitioner is claiming patta for an extent of
131.550 Hectares.
12. The learned Government Advocate would further submit that the
aforesaid lands in S.Nos. 658/1A (34.84 Hectares), 657/1A (80.91) and
657/4A (4.8950) mentioned in the present Writ Petition are classified as
Sarkar Poromboke" in the Revenue Records.
13. It has been further submitted that the earlier Writ Petition
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No.11143 2017 filed by the petitioner herein was disposed by this Hon'ble
Court by its order dated 28.04.2017 observing as follows:
"Having regard to the submissions made by the
learned counsel on either side and also taking into
consideration the limited prayer sought for by the petitioner,
without expressing any opinion with regard to the merits of
the case, I direct the respondents 2 to 4 to consider the
petitioner's representations dated 10.02.2017. 25.03.2017
and 07.04.2017 and pass orders, on merits and in accordance
with law, within a period of twelve weeks from the date of
receipt of a copy of this order. With this observation, the writ
petition is disposed of. No costs".
However, as the said lands stand classified as Government Punjai, Dry and
Kazhuveli in the Revenue records, the request of the petitioner could not be
considered favourably. Further, the subject land is marshy land and the
same is classified as marshy lands by the government Gazette No.6 dated
01.07.2013 (Declared under section 26 of Tamil Nadu Forest Act) as per the
details given below:
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Village Survey Number Extent declared as
Marshy lands
Hec.Ares Sq metres
Pallikaranai 658/1A 34 84 00.0
Pallikaranai 657/4A 04 89 50.0
Pallikaranai 657/4C 10 90 50.0
In view of the above, the Forest Department is making the construction
prevent the land from further encroachments. Hence, the prayer of the writ
petitioner deserves no consideration and as this Writ petition is also devoid
of merits, and liable to be dismissed.
14. The learned Government Advocate has submitted on behalf of the
respondents 5 & 6 that Pallikaranai Marsh is one of the natural wetlands of
the Chennai city. It is locally known by generic Tamil name 'kazhuveli'
which means a marsh or water logged area. The marsh is bound on the East
by Old Mahabalipuram Road, on the West by Tambaram Velachery road,
on the North Velachery village and by Medavakkam Karapakkam road on
the South. It is located in Pallikaranai, Sholinganallur, Thuraipakkam,
Perungudi and Perumpakkam Villages, Pallikaranai is one of the 94
wetlands identified under National Wetland Conservation and Management
Programme (NWCMP) of the Government of India.
15. It has been further submitted that the uniquely heterogeneous
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hydrology and ecology of the Pallikaranai Marsh makes it one of the most
diverse natural habitats of the country. It supports 388 species of flora and
fauna including 165 species of birds, 10 species of mammals, 21 species of
reptiles, 10 species of amphibians, 50 species of fishes, 9 species of
molluscus, 5 species of crustaceans, and 14 species of butterflies and about
114 species of plants including 29 species of grass. Various habitat types
found in Pallikaranai Marsh include, open water pockets, islands and
mounds, shallow waters and mud flats, emergent sedges, reeds and grassy
bank areas, and flooded live and dead timber.
16.The learned Government Advocate would further submit that
Conservation Authority of Pallikaranai Marsh Land was formed as per G.O.
(Ms) No. 103 E & F (FR-V) dated 31.03.2012 under society Act and the
same was registered under Tamil Nadu Societies Registration Act, 1975 with
the following objectives:
a) To function as the apex technical body for the Marsh
lands in Jurisdiction of Chennai, Kancheepuram and
Thiruvallur Revenue Districts.
b) To develop and maintain the Pallikaranai Marsh lands
in a self-sustaining manner by receiving and utilizing the funds
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from Central / State Government and any other Government
Undertakings, Private Industries and Private Individuals for the
development and conservation of Pallikaranai Marsh Lands and
other adjacent Marsh Lands to be declared in future.
c) To create understanding and awareness about the
importance of the Wetland conservation and its unique floral
and faunal diversity to the students and common public in and
around Pallikaranai Marsh Lands through education and
interpretation programme.
d) To plant and propagate suitable wetland or Mangrove
species in Pallikaranai Marsh Lands and other Marsh Lands
within the jurisdiction of Chennai Circle wherever possible.
e) To develop an integrated approach in the Conservation
of these wetlands combining the indigenous knowledge of local
people / NGOS / Authorities etc., and scientific in forth from the
experts.
f) To undertake research on various aspects like flora and
fauna and water contamination etc., of Pallikararani Marsh
Lands
17. It has been further submitted that the Pallikaranai Marsh provides
many eco-system services as enlisted below:
a) A Good habitat for fish, avian fauna and several other
animals and plan species.
b) It mitigates flood and effect of cyclone and tidal
waves.
c) It has a recreational, educational and research value.
d) It helps in water retention and recharge, improving the
ground water level.
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e) It helps in carbon sequestration.
f) It acts as a buffer against natural disaster fueled by
climate change.
18. The learned Government Advocate would further submit
that in order to protect this Marsh Land, it was decided to declare
Pallikaranai swamp area as Reserve Forests zone to prevent Urban
Development in the sensitive eco-system. An area of 694.88.5 Hectare is
under the control of the Forest Department which were handed over to forest
department by Revenue department and Chennai Corporation as per the
details given below:
Sl.No G.O.Nos. & Date Area in Ha. Received from
1 G.O.Ms.No.52 E & F. (FR-14) 317.00.0 Revenue Dept.
Dept. dt: 09.04.07
2 Kancheepuram District Gazette 131.55.0 Revenue Dept.
No.6 Dated: 01.07.13
3 G.o.Ms.No.147 Revenue (LD 75.93.0 Revenue Dept.
IV) Department dated 02.05.14
4 G.O.Ms.No.127 Municipal 170.40.5 Chennai Corpn.
Administration & water supply
(Mc-1) department dated
24.12.12
19. It has been further submitted that the Survey No. 658 /1A
(34.84.0 ha), 657/1A (80.91.0 ha) 657/4A (04.89.50 ha) and 657/4C
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(10.90.5 ha) totally 131.55.0 ha of Pallikarani Village of Sholinganallur
Taluk of Kancheepuram District were notified as Reserved land under
section 26 of the Tamil Nadu Forest Act, 1882 and published in the
Kancheepuram District Gazette No. 6 dated 01.07.2013. Further, the
following various activities are carried out in the Pallikaranai Marshland:
1.Removal of debris, dredging and de-silting
2.Removal of Encroachment
3.Forming bund and Consolidation and Strengthening the bund
Vegetation
4.Phyto Remediation Measures
5.Removal of alien invasive species (Eicornia & typha grass)
6.Survey and Demarcation
7.Construction of Protection barrier
8.Entrance arch and Gate
9.Engaging anti-poaching watchers
10. Conducting awareness camp and NGO's participation
11.Publicity materials and equipments
12.Providing signage boards, sculpture
13.Training and capacity building for staff.
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20.The learned Government Advocate would further submit that one
of the measures undertaken by the respondents is the construction of
compound wall in the Pallikaranai Marsh land with an intention to protect
the marsh land from any encroachment, illegal constructions, protection of
existing fauna and flora of this marsh land and etc., The compound wall acts
a barrier and to conserve the biodiversity of the Pallikaranai Marsh Land
and the ecosystem of the marsh land effectively.
21. It has been further submitted that the total boundary of the
Pallikaranai marsh land is to the length of 21270 Mtr. and Permanent
concrete Compound wall was constructed by the Forest Department to the
length of 3556 Mtr. The Compound wall constructed by the private patta
owners on the line between Marsh and Private Patta Land to the length of
7752 Mtr. The balance length is to be fenced is 9962 Mtr. The area between
the Corporation Dumping Yard (survey no.657/1B1 & Forest Department
allotted land survey no.657/1A) is always slushy and waterlogged
throughout the year. Hence, in this area, the work of Construction of
Compound wall / Fence could not be carried out and this length has not
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added to the total length of the boundary of the Pallikaranal Marsh Land.
22. The learned Government Advocate would further submit that this
Hon'ble Court in Crl.O.P. No.4413 of 2013 has passed the following interim
orders on 18.11.2016:
"5. It is brought to the notice of this court that
clandestinely and systematically marshlands in Pallikaranai
Village comprised in S.No. 657 /3E (0.405); S.No.657/3C, 3D,
3F to 3K (3.53.0), S.No.657/3A3 (133.00), S.No.453/2C
(26.06.0), S.No.432/1 (56.55.0), S.No.429/2 (26.21.5),
S.No.433/1A to 1H and S.No.433/2A to 2F (34.28.5),
S.No.444/2 (0.39), S.No.434/3 (6.87.0), S.No.430 (16.40 5),
S.No.431 (13.20), S.No.657/183 (48.02.5), S.No.657/3A2
(122.38.5), S.No.658/1A (34.84.0), S.No.657/1A (80.91.0),
S.No.657/4A (4.89.5), 657/4C (10.90.5, 602/7 (50.96) and
S.No.534/4 are being alienated illegally, fraudulently and by
unknown persons /land grabbers with the help of influential
officials, men with muscle and money power by clubbing parts
of marshlands with some other properties which are located
in various parts of Tamil Nadu.
10.(a) The newly impleaded Inspector of General of
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Registration, Chennai Zone, Rajaji Salai, Chennai shall direct
all the Registrars in Tamil Nadu forthwith not to register any
document relating to Pallikarana to Pallikaranai Marsh lands
comprises in S.No. 657/3E (0.405); S.No.657/3C 3D, 3F to 3K
(3.53.0), S.No.657/3A3 (133.00), S.No.453/2C (26.06.0)
S.No.432/1 (56.55.0), S.No.429/2 (26.21.5), S.No.433/1A to
1H and S.No.433/2A to 2F (34.28.5), S.No.444/2 (0.39),
S.No.434/3 (6.87 S.No.430 (16.49.5), S.No.431 (13.20),
S.No.657/1B3 (48.02 S.No.657/3A2 (122.38.5), S.No.658/1A
(34.84.0), S.No.657/1A (80.91.0) S.No.657/4A (4.89.5),
657/4C (10.90.5, 602/7 (50.96) and S.No.534/4 are etc.,
either separately or jointly along with any other properties."
23. It has been further submitted that the S.No. 658/ 1A (34.84.0 ha),
S.No. 657/1A (80.91.0 ha), S.NO. 657/4A (04.89.5 ha) and S.No. 657/ 4C
(10.90.5 ha) mentioned in the prent writ petition have also been included in
the above said penultimate para. Moreover, the areas of these survey
numbers are now under the control of the Tamil Nadu Forest Department, as
these areas were handed over by the Revenue Department and notified under
section 26 of the Tamil Nadu Forest Act, 1882.
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24. The learned Government Advocate further submitted that the
Hon'ble Supreme Court of India in W.P.(c) No.202 of 1995 had ordered that
the term "forest land" occurring in section 2 of the Forest Conservation Act,
1980 will not only include "forest" as understood in the dictionary sense, but
also any area recorded as forest in the Government record irrespective of
ownership. In this present case, all the above said survey numbers have been
notified as Reserved land under section 26 of the Tamil Nadu Forest Act,
1882 and hence it should be construed as "Forests" as per directions of the
Hon'ble Apex Court of India. Hence, the compound wall was constructed in
the Pallikaranai Marsh Lands by the Tamilnadu Forest Department in the
interest of conservation and protection of Pallikaranai Marsh land ecosystem
which contains a huge biodiversity of the animals and plants apart from
prevention of encroachment of this Marsh land by the invaders. Therefore,
the writ petitioner does not have any right, title or interest over the said
survey numbers covered in the Pallikaranal Marsh land and he is attempting
to occupy the marsh land by suppressing the above material facts. Hence,
the petitioner does not have any locus standi to claim any interest in respect
of the S.Nos.658/1A, 657/1A, 657/4A and 657/4C of Pallikaranai Village
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and these survey numbers are already covered in Crl. O.P.No.4413 of 2013
which is pending before this Hon'ble Court as on date.
25. Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents as well as perused the material
available on records.
26. Having considered the facts and circumstances of the case and
submissions made by the learned counsel on either side, it is seen that the
petitioner claims the said property in question relying upon the Judgment
and Decree dated 05.05.1908 in C.S. No.91 of 1902, dated.29.09.1908 in
C.S. No.213 of 1898, dated.09.09.1910 in E.P. No.4 of 1908 and dated
03.10.1917 in C.S. No.213 of 1898 passed by this Court and dated
01.05.2008 in O.S. No.18 of 2008 passed by the Senior Civil Judge, Puthur,
A.P. State. However, the respondents are relying upon the orders of this
Court in Crl. O.P. No.4413 of 2013. Under such circumstances, as the
petitioner has approached the authorities concerned having made
representation dated 15.03.2021 and neither any action nor any reply on his
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representation so far, this Court, without expressing any opinion with regard
to the merits of the case and title of the writ petitioner, directs the
respondents to consider his representation dated 15.03.2021 and pass
elaborate speaking orders within a period of six months from the date of
receipt of copy of this order in accordance with law after verifying the entire
documents relied by the petitioner herein and the respondents records.
27. With this observation, the Writ petition is disposed of.
Consequently, connected miscellaneous petition is closed if any.
.
06.10.2021
Lbm
Index : Yes/No
Internet : Yes/No
Speaking /Non-Speaking Order
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To:
1. The Government of Tamil Nadu,
Rep. by Principal Secretary,
Revenue and Land Administration,
Secretariat, Chennai-600 009.
2. The District Collector and Magistrate,
Collectorate, Chennai-600001.
3.The District Revenue Officer,
Land Administration, Collectorate,
Chennai-600001.
4. The Tahsildar,
Taluk Office, Sholinganallur,
Chennai District.
5.The Conservator of Forests,
Chennai District, Tamil Nadu.
6.The Assistant Conservator of Forests,
Palli Karnai, Sholinga Nallur Taluk,
Chennai District, Tamil Nadu.
V.BHAVANI SUBBAROYAN, J.,
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Lbm
W.P.No.11252 of 2021
and
W.M.P. No.11911 of 2011
06.10.2021
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