Madras High Court
Sushila Jeyasing vs The State Of Tamil Nadu on 22 August, 2022
W.A.Nos.1841, 1843, 1847 & 1853 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.A.Nos.1841, 1843, 1847 & 1853 of 2022
Sushila Jeyasing .. Appellant in WA Nos.
1841 & 1847/22
Jacob Mathew .. Appellant in WA Nos.
1843 & 1853/22
Vs.
1. The State of Tamil Nadu
Rep. by the Secretary
Department of Revenue
Fort St. George, Chennai 600 009.
2. The District Collector
Tiruvallur, Tiruvallur District.
3. The Sub Collector
Tiruvallur, Tiruvallur District.
4. The Town Planning Officer
Ambattur Municipality, Ambattur
Tiruvallur District.
5. The Tahsildar
Ambattur, Tiruvallur District.
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W.A.Nos.1841, 1843, 1847 & 1853 of 2022
6. Suji Thomas Vaidhyan
7. Janakiraman
8. V.Deenadayalan
9. M/s. Golden Bricks & Tiles Company
A Partnership Firm
Rep. by its Partner Jayasing Gnakkan
G.B.T. Campus, Nerkundram Respondents in
Chennai 600 107. .. all WAs.
Prayer: Appeals filed under Clause 15 of the Letters Patent against
the common order dated 10.12.2021 made in W.P.Nos.11130, 11095,
11132 and 11096 of 2006 respectively.
For the Appellants : Mr.Thomas T Jacob
For the Respondents : Mr.P.Muthukumar
State Government Pleader
Assisted by
Mr.K.M.D.Muhilan
Government Advocate
for Respondents 1 to 5
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The writ appeals have been filed challenging the order dated
10.12.2021, by which, the writ petitions preferred by the appellants
against the action of the respondents in demolishing the
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W.A.Nos.1841, 1843, 1847 & 1853 of 2022
construction treating the appellants to be encroachers were
dismissed.
2. Learned counsel for the appellants submits that the
appellants were in possession of the patta land and raised
construction after approval of the plan, yet they were treated to be
encroachers. The issue aforesaid has not been determined by the
Court. Rather, the appellants have been treated to be encroachers
on the statement made by the respondents. If the appellants were
encroachers, there was no reason for the learned Single Judge to
accept the prayer for survey of the land so as to determine the
boundaries. The direction aforesaid has been given in paragraph 10
of the order impugned herein.
3. In the light of the aforesaid, a prayer is made to allow the
appellants to seek survey of the land for determination of the
boundaries of the river as well as the patta land and if it is found
that the construction was on the patta land, then to further pursue
their claim.
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W.A.Nos.1841, 1843, 1847 & 1853 of 2022
4. In view of the prayer made by learned counsel for the
appellants and as we find a direction for survey has already been
given in the impugned order, it is clarified that while causing survey
on the application made by the writ appellants, if any, the
respondents may determine the boundaries and on fixation of
boundaries, if the appellants were in possession of the patta land,
they can pursue their cause as per the provisions of law and that
would be by approaching the civil Court and not the High Court. In
that case, any observation of the learned Single Judge in regard to
the status of the land would not come in the way of the appellants,
rather they would be at liberty to pursue the cause based on the
survey report under the provisions of the Tamil Nadu Survey and
Boundaries Act, 1923. The writ appeals are disposed of accordingly.
There will be no order as to costs.
(M.N.B., CJ.) (N.M., J.)
22.08.2022
Index : Yes/No
kpl
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W.A.Nos.1841, 1843, 1847 & 1853 of 2022
To
1. The Secretary
Department of Revenue
Fort St. George, Chennai 600 009.
2. The District Collector
Tiruvallur, Tiruvallur District.
3. The Sub Collector
Tiruvallur, Tiruvallur District.
4. The Town Planning Officer
Ambattur Municipality, Ambattur
Tiruvallur District.
5. The Tahsildar
Ambattur, Tiruvallur District.
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W.A.Nos.1841, 1843, 1847 & 1853 of 2022
THE HON'BLE CHIEF JUSTICE
AND
N.MALA, J.
(kpl)
W.A.Nos.1841, 1843, 1847
& 1853 of 2022
22.08.2022
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