(Order of the Court was made by The Hon'ble Chief Justice) Mr.C.Jagadeesh, learned Special Government Pleader accepts notice on behalf of respondents 1 to 4.
2.This writ petition, in public interest, has been filed, seeking orders on the respondents for removal of encroachments allegedly made by the fifth respondent in survey Nos.221, 220, 209, 208, 207, 204 and 203 in Manellore Village, Gummidipoondi Taluk, Thiruvallur District.
3.According to the petitioner, the alleged encroachment is on a cart track being used by the farmers and villagers for several decades. The fifth respondent, claiming to be the owner of the said land, attempted to encroach the said land by fencing the same. The villagers and farmers objected to the same by making representations to the authorities, but to no avail. The issue is now pending with the fourth respondent/Tahsildar without any prompt action being taken in this regard.
4.It is not for us to adjudicate the factual dispute of whether the fifth respondent is the owner of the said land or the land is a Government poromboke land. The fact remains that no person has any right to unauthorisedly encroach any Government poromboke land, public roads, cart tracks and thereby inconvenience the public and deny them their right of free unimpeded access through roads and cart tracks.
5.We direct the fourth respondent/Tahsildar, with whom the matter is now pending with regard to the alleged encroachment, to inspect the land in question within a fortnight from the date of receipt of a copy of this order. If any encroachment is found on any public thoroughfare, cart track or Government poromboke land, the respondent No.4 shall take action in accordance with law, after giving notice to all concerned, particularly the private respondent No.5 before us, and remove the encroachments. The entire proceedings shall be completed at the earliest, preferably within two months from the date of inspection.
6.The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.27322 of 2017 is closed.