Madras High Court
The Burma Indians Co-Operative vs The Commissioner Of Police on 24 April, 2023
WP No.11872 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.11872 of 2023
The Burma Indians Co-operative
House Construction Society Limited
Rep. by its President A.Bose
No.32/20, Venkatraman Street
Perambur Chennai-600 011. ... Petitioner
versus
1.The Commissioner of Police,
Greater Chennai Police,
Commissioner Office Building
EVK Sampath Road,
Vepery, Chennai-600 007.
2.The District Collector,
Chennai District,
Singaravelar Maaligai,
No.62, Rajaji Salai, Chennai-600 001.
3.The Tahsildar,
Sholinganallur Taluk,
Chennai-600 119. ... Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for a writ of mandamus directing respondents 2 and 3 to evict
the encroachers from the land of the petitioner society, by
implementing the order for removal of encroachments dated
Page 1 of 8
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WP No.11872 of 2023
17.08.2003 passed by the District Collector, Kanchipuram, vide Na.Ka.
No.1/12169/2002 and the eviction order passed by the Tahsildar
Tambaram vide Na.Ka.301/2008 Aa1 in July 2008, which have been
confirmed by the common order dated 19.08.2014 passed by the Full
Bench of this Court in W.A.No.309 of 2009 and W.P.No.13941 of 2009
and the order dated 01.09.2022 passed by the Supreme Court in SLP.
(Civil) Nos.1233 and 1247 of 2015, based on the representation dated
01.12.2022 given by the petitioner society.
Appearances :
Mr.Sukumar, for Mr.S.Senthil, for the petitioner
Ms.R.Anitha, Special Government Pleader, for respondents 1 to 3
ORDER
(Made by the Hon'ble Acting Chief Justice)
The Burma Indians Cooperative House Construction Society Ltd.,
represented by its president, Thiru.A.Bose, has filed this writ petition
for the issuance of a writ of mandamus directing respondents 2 and 3
to evict the encroachers from the land of the petitioner society, by
implementing the order for removal of encroachments dated
17.08.2003 passed by the District Collector, Kanchipuram and the
eviction order passed by the Tahsildar, Tambaram, in July 2008, which
have been confirmed by Full Bench of this Court vide order dated
19.08.2014, which again was confirmed by the Supreme Court in SLP
(Civil) Nos.1233 and 1247 of 2015, vide order dated 01.09.2022,
based on the representation dated 01.12.2022 given by the petitioner
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WP No.11872 of 2023
society.
2. According to the petitioner, the petitioner society is a
cooperative society registered under the Madras Cooperative Societies
Act, 53 of 1961. The society was formed in February, 1968, with an
object of rehabilitating the repatriates from Burma, with the aid of the
Central Government. The primary object of the society is to buy lands
and to lay-out those lands as house sites and to facilitiate construction
of buildings. Every member is bound to hold at least one share and the
liability of the members of the society is limited to the share capital
subscribed by them.
3. While so, the petitioner society purchased lands to an extent
of 24.57 acres situate in S.Nos.131/2A, 142, 136/1, 140/1, 141/1,
137/1, 138/2B, 136/2, 131/1A and 130 of Palavakkam Village,
Chennai District. Presently, there are 497 members in the petitioner
society and 318 house plots are allotted to the members of the
society. In the year 1991, as per the order of the Director of
Rehabilitation, Chennai, twenty number of Sri Lankan refugees were
temporarily permitted to reside in the land owned by the petitioner
society by the District Revenue Authority, till alternate accommodation
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WP No.11872 of 2023
was provided to them.
4. The petitioner society, finding that there are number of
encroachers in the land allotted to them, filed a writ petition in WP
No.38168 of 2022, praying for removal of encroachments and
unauthorised occupants in respect of the lands and order restoration of
the same to the society. This Court, vide order dated 09.10.2022,
dismissed the writ petition observing that direction to remove
encroachment of unauthorised occupants from the private property of
the society is not maintainable. As against the said order, the society
filed an appeal in WA No.477 of 2003. The First Bench of this Court, by
order dated 10.02.2023, permitted the appellant to give fresh
representation to the District Collector and directed the District
Collector to consider the representation and pass orders within two
months from the date of receipt of the representation.
5. The District Collector, Kanchipuram, has passed an order
accepting the request of the petitioner, and vide proceedings dated
17.08.2003, directed the Tahsildar, Tambaram, to remove the
encroachments, after making alternate accommodation to the
encroachers. As against the said order of the District Collector,
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WP No.11872 of 2023
Kanchipuram, the encroachers filed writ petitions in WP Nos.29235 and
29330 of 2007. The First Bench of this Court vide order dated
20.12.2007, dismissed the writ petitions and directed the Tahsildar,
Tambaram, to proceed further in the matter. As against the said order,
the encroachers approached the Hon'ble Supreme Court by filing
special leave petitions in SLP Nos.5533 and 5534 of 2008. The Hon'ble
Supreme Court, vide order dated 14.03.2008, dismissed the special
leave petitions.
6. Considering the fact that the petitioners were allotted
alternative accommodation, which is just 3 km away from the present
place of encroachment, this Court held that the encroachers have no
right to request that they should be allowed to continue in the
encroached lands. Therefore, this Court directed the Tahsildar,
Tambaram, to proceed further and also gave liberty to the encroachers
to raise all objections before the Tahsildar, Tambaram, when notices of
eviction are served on them. The Hon'ble Supreme Court has also
dismissed the special leave petitions observing that there are no
grounds to interfere with the impugned order.
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WP No.11872 of 2023
7. Subsequently, individual notices were sent to the encroachers.
That was also put to challenge before this Court, and a Full Bench of
this Court, by judgment dated 19.08.2014, observed that the
encroachers do not have any right and they are liable to be evicted.
The said order was put to challenge before the Hon'ble Supreme Court
in SLP (C) Nos.1233 and 1247 of 2015. The Hon'ble Supreme Court
dismissed the special leave petitions vide order dated 01.09.2022.
8. At this stage, Ms.Anitha, learned Special Government Pleader,
submitted that since the order directing the encroachers to remove
has attained finality on two occasions, time may be granted for
removing the encroachments. Ms.Anitha submitted that there are
about 300 encroachers at the moment.
9. Considering the fact that there are around 300 encroachers,
six months’ time is granted to remove the encroachments and
handover possession to the petitioner society. If the authorities find
any difficulty while removing the encroachers, they are free to seek
the assistance of the jurisdictional police.
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WP No.11872 of 2023
10. The writ petition is disposed of with the above direction.
There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
24.04.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
To
1.The Commissioner of Police,
Greater Chennai Police,
Commissioner Office Building
EVK Sampath Road,
Vepery, Chennai-600 007.
2.The District Collector,
Chennai District,
Singaravelar Maaligai,
No.62, Rajaji Salai, Chennai-600 001.
3.The Tahsildar,
Sholinganallur Taluk,
Chennai-600 119.
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WP No.11872 of 2023
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY, J.
(tar)
Writ Petition No.
24.04.2023
https://www.mhc.tn.gov.in/judis
