(Order of the Court was made by M.Sundar, J.) This is a public interest litigation.
2. Subject matter of this public interest litigation is land admeasuring an extent of 44 cents or thereabouts comprised in Old Survey No.99/1, new S.Nos.185/2 & 185/3 in Padianallur Village, Ponneri Taluk, Tiruvallur District, which is hereinafter referred to as said land for the sake of convenience and clarity.
3. It is the case of the writ petitioner that said land is Government poramboke land and private respondents 6 and 7 before us have encroached upon the said land.
4. It is also averred that some documents and revenue records have been created qua the said land and that has been dealt with by the first respondent.
5. Be that as it may, in the instant public interest litigation, what we are concerned with is, whether the said land is Government poramboke land and as to whether the private respondents 6 and 7 have encroached upon the same.
6. Mr.T.N.Rajagopalan, learned Special Government Pleader accepts notice on behalf of all the official respondents i.e., respondents 1 to 5 and his say is that it is necessary to ascertain if said land is Government poramboke as averred by the writ petitioner.
7. In the light of the submissions made before us, we issue the following directions:
(i)Respondent No.5 before us i.e., the jurisdictional Tahsildar being Tahsildar, Ponneri Taluk, Thiruvallur District will conduct an inspection/survey qua the said land, after putting all concerned on notice, particularly respondents 6 and 7.
(ii)In the survey/inspection, the said land shall be identified/localized.
(iii)After identifying/localizing the said land, the jurisdictional Tahsildar being Tahsildar, Ponneri Taluk, Thiruvallur District shall enquire into and ascertain the revenue classification of the said land i.e., as to whether it is Government poramboke land or private land.
(iv)If it is private land, the matter shall rest there.
(v)If it is found to be Government land, proceedings for removing all the encroachments qua the said land shall be initiated by respondents 1 to 5 in accordance with law.
(vi)Inspection/survey referred to supra, shall be conducted within a fortnight from the date of receipt of a copy of this order by respondent No.5.
(vii)Post inspection/survey, if action for eviction becomes necessary, the same shall be commenced, within a fortnight therefrom i.e., fortnight from the date of inspection/survey, in accordance with law, after putting all concerned on notice, particularly, respondents 6 and 7 before us and conclude the eviction proceedings within a period of two months therefrom.
7. The writ petition is disposed of in terms aforesaid. No costs. Consequently, W.M.P.No.26308 of 2017 is closed.