High Court · 2024

W.P.Nos.19262 of 2015, etc., and BatchIN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23.10.2024CORAM :THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR. JUSTICE V.SIVAGNANAMW.P.Nos.19262 of 2015, 7911 of 2009, 26196, 22996, 25571 of 2016,6241, 11989, 12902, 25667 of 2017, 7486, 9285 of 2018& 4103 of 2020andW.M.P.Nos.19713, 21938, 22464 of 2016, 6732, 12877,13767, 27080 of 2017, 9343, 11094, 12072, 37292,37296, 37304, 37311, 37320 of 2018 & 3327 of 2024andCONT.P.No.1785 of 2023 & CONT.SR.No.80675 of 2023andSUB.APPL.Nos.456 to 458 of 2023W.P.No.19262 of 2015:S.Srinivasan ... PetitionerVs.1.The District Collector, Collectorate – Chennai District, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai – 600 001.2.The Tahsildar, No.4, West Mada Street, Koyambedu, Aminjikarai, (Near Karungaleswarar Temple),Page 1 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch Chennai – 600 107.3.Corporation of Chennai, Rep. by its Commissioner, Ripon Building, E.V.R. Periyar Salai, Chennai – 600 003.4.The Commissioner of Police, O/o. Greater Chennai Police, Commissioner Office Building, 132, E.V.K. Sampath Salai, Vepery, Chennai – 600 007.5.District Land Survey Office, Rep. by its Assistant Director, Collectorate-Chennai District, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai – 600 001.6.The CMWSSB, Rep. by its Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002.7.The TNEB, Rep. by its Chairman-cum-Managing Director, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.8.The Inspector of Police (Law and Order), V-1, Villivakkam Police Station, No.204, M.T.H. Road, Villivakkam, Chennai – 600 049.9.The Directorate of Vigilance and Anti Corruption, Rep. by its Director, NCB 21 to 28, P.S.Kumarasamy Raja Salai, (Greenways Road), Raja Annamalaipuram, Chennai – 600 028.Page 2 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch10.M/s.Chennai Metro Rail Limited, Rep. by its Chairman cum Managing Director, Poonamallee High Road, Koyambedu, Chennai. 11.M.Balasubramanian12.M.Ethirajan13.S.Premlatha14.S.Vijayakumari15.S.Sukumar16.S.Ramesh Babu17.Sri R.S.Anboli (a) S.Kothandaraman18.J.Vatsala19.D.Gajapathy20.D.Vijayan21.N.Subramanian22.J.Rukmani23.Mrs.K.N.Jayashree24.S.Chockalingam @ Meivazhi Chockalinga Anandar25.S.Thanikachalam... Respondents[R10 Suo motu impleaded as respondent videorder dated 21.01.2019 in WP.No.19262/2015]Page 3 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch[R11 to R25 are impleaded as respondents vide order dated 31.01.2019 made in WMP.Nos.37292, 37296, 37302, 37304,37311, 37313 & 37320/2018 in WP.No.19262/2018]Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, (a) directing the 5th respondent to survey and demarcate the boundaries of the land comprised in Survey Nos.236, 237 and 238 situated at Villivakkam (South), Chennai as per the original Layout; (b) direct the respondents 1 to 8 to remove the illegal encroachments (permanent / temporary) and water, drainage and electricity connection of the impugned encroached lands of land Survey Nos.236, 237 and 238; (c) directing the 9th respondent to conduct the enquiry based on the complaint given by the petitioner dated 05.05.2015 and also to find out whether expenses met out by the Corporation for desilting the storm water drain in the South High Court Colony has been properly met with, and submit the findings before this Court; (d) frame guidelines on the issue to civilians as well as to the authorities concerned in this regard. For Petitioner: Mr.S.Srinivasan (Party-in-Person)For R1, R2 & R15: Mr.A.SElvendran Additional Government PleaderFor R4, R8 & R9: Mr.S.Raja Kumar Additional Public Prosecutor For R3: Mr.G.T.Subramanian Standing Counsel [Greater Chennai Corporation]Page 4 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and BatchFor R6: Mr.Jerry V.V.Sunder Standing Counsel [For CMWSSB]For R10: Mrs.Rita Chandrasekaran For M/s.Aiyar and Dolia For R7: No AppearanceCOMMON ORDER[Order of the Court is made by S.M.SUBRAMANIAM, J.]The lis on hand has been instituted seeking the following directions;(a) To direct the 5th respondent to survey and demarcate the boundaries of the land comprised in Survey Nos.236, 237 and 238 situated at Villivakkam (South), Chennai as per the original Layout; (b) To direct the respondents 1 to 8 to remove the illegal encroachments (permanent / temporary) and water, drainage and electricity connection of the impugned encroached lands of land Survey Nos.236, 237 and 238; (c) To direct the 9th respondent to conduct the enquiry based on the complaint given by the petitioner dated 05.05.2015 and also to find out whether expenses met out by the Corporation for desilting the storm water drain in the South High Court Colony has been properly met with, and submit Page 5 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batchthe findings before this Court; (d) To frame guidelines on the issue to civilians as well as to the authorities concerned in this regard. 2. The petitioner appearing in person in W.P.No.19262 of 2015 and the respective learned counsels appearing on behalf of the petitioners in other writ petitions would mainly contend that large scale encroachments of waterbodies including Ponds and Roads encroachments are identified in Villivakkam area, more specifically, in old Survey Nos.236, 237 and 238 at Villivakkam (South), Chennai. 3. In order to substantiate the grievances of the petitioners, the petitioner in person had furnished number of revenue documents, sketches and Government Records to establish that large scale Government Poromboke lands and waterbodies are encroached upon by the private individuals for personal and unjust gains. All such encroachments of waterbodies, Government Poromboke lands and roads are causing greater inconvenience and nuisance to the people residing in that locality. That apart, during the rainy season people often face heavy flooding. Thus, actions to remove the encroachments are imminent, just and necessary.Page 6 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch4. We heard the petitioner in person for considerable length of time on several occasions. The disputed facts are not only complex in nature but also involve scrutinisation and verification of revenue records, as well as the documents in possession of the private owners in that locality. 5. The private respondents, who have been impleaded in the present writ proceedings would submit that they are the lawful owners of the land and purchased their respective property from their vendors.6. It is not in dispute that pattas were granted to the individuals by the Revenue Authorities. However, mere grant of patta would not confer title on them. They are bound to establish their title with reference to the original documents. Therefore, this Court thought fit that a detailed enquiry is to be conducted to verify the correctness of the documents with reference to the revenue records and other Government Records for the purpose of forming a final opinion.7. Respective learned counsels appearing on behalf of the private respondents would submit that they are the bondafide purchasers of the plots Page 7 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch/ portion of land and in occupation for several years. Their documents are also to be verified by the authorities to ascertain the encroachments in waterbodies, roads and Government Poromboke lands.8. Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the 'State' would submit that the authorities competent verified the revenue records and identified some portions of road encroachments, more specifically, with the assistance of the Chennai Corporation Officials. 9. Mr.J.Kumaragurubaran, I.A.S., Commissioner of Greater Chennai Corporation and the learned Standing Counsel for the Corporation would submit that the Chennai Corporation is also in the process of initiation of action by conducting an appropriate enquiry relating to road encroachments and in respect of the lands already gifted in favour of the Corporation or the erstwhile local bodies.10. It is further contended that an elaborate field survey and the enquiry into the documents are to be undertaken for the purpose of arriving at a conclusion and to find out the encroachments in the waterbodies in the road poromboke, Government Poromboke lands and Corporation lands. High Page 8 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and BatchCourt cannot conduct a rowing enquiry regarding the genuinity of the documents produced before this Court by the respective parties nor conduct a field survey for the purpose of arriving a decision. Disputed facts are always to be adjudicated by the competent authorities based on the documents in original available produced by the parties to the dispute. In the present case, petitioner as well as the contesting respondents are in possession of several documents, which all are to be scrutinised and its genuinity and correctness are also to be find out.11. In view of the fact that the encroachment portions are yet to be finalised by the authorities, despite the fact that the petitioner has specified the encroachments, this Court thought fit that a thorough enquiry is to be conducted for the purpose of removal of encroachments by following the due process as contemplated under relevant Statutes. After identification of encroachments in waterbodies, roads and Government Poromboke lands, appropriate authority has to issue notice to the encroachers and by affording an opportunity to defend their case, encroachments are to be removed and the portion of the public properties are to be put to the usage of public in general as per law.Page 9 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch12. Issues including encroachments of waterbodies, Corporation properties and unauthorised constructions are placed before this Court for consideration. Beyond encroachment, unauthorised constructions in encroached lands and unauthorised construction in patta lands are posing threat to the neighbours and public at large. The very purpose and object of Building Regulation Rules are defeated and in the event of an accident or nature's fury, it may not be possible for the authorities to save the lives of the people. 13. On account of large scale unauthorised constructions in major cities like Chennai, people at large are undergoing greater mental agony and facing many difficulties in their day-to-day life. Normal life has become tedious on account of illegalities, irregularities in the matter of implementing the relevant laws by the competent authorities. Importantly non-implementation of law or failure on the part of the authorities to prevent illegalities and to initiate action against illegalities are undoubtedly resulting in infringement of the rights of the citizen in general. Therefore, inaction, corruption and illegalities continuing before the eyes of the authorities are to be construed as serious lapses, dereliction of duty, negligence, corrupt activities or collusion, which deserve stringent action against the authorities concerned.Page 10 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch14. In view of the fact that the disputed facts are involved in the present case, we are inclined to issue the following directions;(1)The District Revenue Officer (DRO), Chennai District and District Revenue Officer (Land and Estate), Greater Chennai Corporation are directed to conduct joint enquiry with the assistance of the Government Departments concerned and identify the encroachments in waterbodies, public roads, corporation properties, Government Poromboke lands, etc. On identification of such encroachments and unauthorised constructions, all appropriate actions are directed to be initiated by following the due process as contemplated under the relevant Statutes. The joint enquiry is directed to be completed within a period of six (6) months from the date of receipt of a copy of this order.(2)The writ petitioner as well as the private respondents and other person having interest over the subject properties under encroachments or otherwise are at liberty to participate in the enquiry proceedings. They are at liberty to submit their respective documents and statements to establish their rights. In this regard, the committee shall issue notice to all the parties concerned and provide opportunity to the parties.(3)Regarding unauthorised constructions, Commissioner of Greater Chennai Corporation is directed to constitute required number of Special Teams to inspect the unauthorised constructions / buildings Page 11 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batchincluding the on going projects and initiate all appropriate actions to demolish unauthorised constructions and issue 'Stop Work Order' by following the due process in respect of on going projects, where violations are noticed. The Special Teams are directed to be constituted within a period of four (4) weeks from the date of receipt of a copy of this order. The complaints / informations received are to be allotted to the Special Teams by the Commissioner of Greater Chennai Corporation for initiation of appropriate actions. The complaints / informations received must be attended within a period of two (2) weeks and action taken must be simultaneous.(4)The Greater Chennai Corporation is directed to form a Vigilance Team to monitor the functioning of the Corporation Authorities and in the event of any corrupt activities, illegalities, lapses, dereliction of duty or negligence, departmental disciplinary proceedings under the Service Rules are to be initiated including prosecution, if required under relevant criminal law.15. With the above directions, the Writ Petitions stand disposed of and the Contempt Petitions stand closed. Consequently, connected Writ Miscellaneous Petitions and Sub Applications are also closed. No costs.[S.M.S., J.] [V.S.G., J.] 23.10.2024Page 12 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch Index : Yes Speaking order / Non-speaking orderNeutral Citation : Yes JeniPage 13 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and BatchTo1.The District Collector, Collectorate – Chennai District, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai – 600 001.2.The Tahsildar, No.4, West Mada Street, Koyambedu, Aminjikarai, (Near Karungaleswarar Temple), Chennai – 600 107.3.The Commissioner, Corporation of Chennai, Ripon Building, E.V.R. Periyar Salai, Chennai – 600 003.4.The Commissioner of Police, O/o. Greater Chennai Police, Commissioner Office Building, 132, E.V.K. Sampath Salai, Vepery, Chennai – 600 007.5.The Assistant Director, District Land Survey Office, Collectorate-Chennai District, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai – 600 001.6.The Managing Director, The CMWSSB, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002.7.The Chairman-cum-Managing Director, The TNEB, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.Page 14 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch8.The Inspector of Police (Law and Order), V-1, Villivakkam Police Station, No.204, M.T.H. Road, Villivakkam, Chennai – 600 049.9.The Director, NCB 21 to 28, The Directorate of Vigilance and Anti Corruption, P.S.Kumarasamy Raja Salai, (Greenways Road), Raja Annamalaipuram, Chennai – 600 028.10.The Chairman cum Managing Director, M/s.Chennai Metro Rail Limited, Poonamallee High Road, Koyambedu, Chennai. Page 15 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and BatchS.M.SUBRAMANIAM, J.ANDV.SIVAGNANAM, J.JeniW.P.Nos.19262 of 2015, etc., and Batch23.10.2024Page 16 of 16

W.P.Nos.19262 of 2015, etc., and BatchIN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23.10.2024CORAM :THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR. JUSTICE V.SIVAGNANAMW.P.Nos.19262 of 2015, 7911 of 2009, 26196, 22996, 25571 of 2016,6241, 11989, 12902, 25667 of 2017, 7486, 9285 of 2018& 4103 of 2020andW.M.P.Nos.19713, 21938, 22464 of 2016, 6732, 12877,13767, 27080 of 2017, 9343, 11094, 12072, 37292,37296, 37304, 37311, 37320 of 2018 & 3327 of 2024andCONT.P.No.1785 of 2023 & CONT.SR.No.80675 of 2023andSUB.APPL.Nos.456 to 458 of 2023W.P.No.19262 of 2015:S.Srinivasan ... PetitionerVs.1.The District Collector, Collectorate – Chennai District, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai – 600 001.2.The Tahsildar, No.4, West Mada Street, Koyambedu, Aminjikarai, (Near Karungaleswarar Temple),Page 1 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch Chennai – 600 107.3.Corporation of Chennai, Rep. by its Commissioner, Ripon Building, E.V.R. Periyar Salai, Chennai – 600 003.4.The Commissioner of Police, O/o. Greater Chennai Police, Commissioner Office Building, 132, E.V.K. Sampath Salai, Vepery, Chennai – 600 007.5.District Land Survey Office, Rep. by its Assistant Director, Collectorate-Chennai District, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai – 600 001.6.The CMWSSB, Rep. by its Managing Director, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002.7.The TNEB, Rep. by its Chairman-cum-Managing Director, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.8.The Inspector of Police (Law and Order), V-1, Villivakkam Police Station, No.204, M.T.H. Road, Villivakkam, Chennai – 600 049.9.The Directorate of Vigilance and Anti Corruption, Rep. by its Director, NCB 21 to 28, P.S.Kumarasamy Raja Salai, (Greenways Road), Raja Annamalaipuram, Chennai – 600 028.Page 2 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch10.M/s.Chennai Metro Rail Limited, Rep. by its Chairman cum Managing Director, Poonamallee High Road, Koyambedu, Chennai. 11.M.Balasubramanian12.M.Ethirajan13.S.Premlatha14.S.Vijayakumari15.S.Sukumar16.S.Ramesh Babu17.Sri R.S.Anboli (a) S.Kothandaraman18.J.Vatsala19.D.Gajapathy20.D.Vijayan21.N.Subramanian22.J.Rukmani23.Mrs.K.N.Jayashree24.S.Chockalingam @ Meivazhi Chockalinga Anandar25.S.Thanikachalam... Respondents[R10 Suo motu impleaded as respondent videorder dated 21.01.2019 in WP.No.19262/2015]Page 3 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch[R11 to R25 are impleaded as respondents vide order dated 31.01.2019 made in WMP.Nos.37292, 37296, 37302, 37304,37311, 37313 & 37320/2018 in WP.No.19262/2018]Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, (a) directing the 5th respondent to survey and demarcate the boundaries of the land comprised in Survey Nos.236, 237 and 238 situated at Villivakkam (South), Chennai as per the original Layout; (b) direct the respondents 1 to 8 to remove the illegal encroachments (permanent / temporary) and water, drainage and electricity connection of the impugned encroached lands of land Survey Nos.236, 237 and 238; (c) directing the 9th respondent to conduct the enquiry based on the complaint given by the petitioner dated 05.05.2015 and also to find out whether expenses met out by the Corporation for desilting the storm water drain in the South High Court Colony has been properly met with, and submit the findings before this Court; (d) frame guidelines on the issue to civilians as well as to the authorities concerned in this regard. For Petitioner: Mr.S.Srinivasan (Party-in-Person)For R1, R2 & R15: Mr.A.SElvendran Additional Government PleaderFor R4, R8 & R9: Mr.S.Raja Kumar Additional Public Prosecutor For R3: Mr.G.T.Subramanian Standing Counsel [Greater Chennai Corporation]Page 4 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and BatchFor R6: Mr.Jerry V.V.Sunder Standing Counsel [For CMWSSB]For R10: Mrs.Rita Chandrasekaran For M/s.Aiyar and Dolia For R7: No AppearanceCOMMON ORDER[Order of the Court is made by S.M.SUBRAMANIAM, J.]The lis on hand has been instituted seeking the following directions;(a) To direct the 5th respondent to survey and demarcate the boundaries of the land comprised in Survey Nos.236, 237 and 238 situated at Villivakkam (South), Chennai as per the original Layout; (b) To direct the respondents 1 to 8 to remove the illegal encroachments (permanent / temporary) and water, drainage and electricity connection of the impugned encroached lands of land Survey Nos.236, 237 and 238; (c) To direct the 9th respondent to conduct the enquiry based on the complaint given by the petitioner dated 05.05.2015 and also to find out whether expenses met out by the Corporation for desilting the storm water drain in the South High Court Colony has been properly met with, and submit Page 5 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batchthe findings before this Court; (d) To frame guidelines on the issue to civilians as well as to the authorities concerned in this regard. 2. The petitioner appearing in person in W.P.No.19262 of 2015 and the respective learned counsels appearing on behalf of the petitioners in other writ petitions would mainly contend that large scale encroachments of waterbodies including Ponds and Roads encroachments are identified in Villivakkam area, more specifically, in old Survey Nos.236, 237 and 238 at Villivakkam (South), Chennai. 3. In order to substantiate the grievances of the petitioners, the petitioner in person had furnished number of revenue documents, sketches and Government Records to establish that large scale Government Poromboke lands and waterbodies are encroached upon by the private individuals for personal and unjust gains. All such encroachments of waterbodies, Government Poromboke lands and roads are causing greater inconvenience and nuisance to the people residing in that locality. That apart, during the rainy season people often face heavy flooding. Thus, actions to remove the encroachments are imminent, just and necessary.Page 6 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch4. We heard the petitioner in person for considerable length of time on several occasions. The disputed facts are not only complex in nature but also involve scrutinisation and verification of revenue records, as well as the documents in possession of the private owners in that locality. 5. The private respondents, who have been impleaded in the present writ proceedings would submit that they are the lawful owners of the land and purchased their respective property from their vendors.6. It is not in dispute that pattas were granted to the individuals by the Revenue Authorities. However, mere grant of patta would not confer title on them. They are bound to establish their title with reference to the original documents. Therefore, this Court thought fit that a detailed enquiry is to be conducted to verify the correctness of the documents with reference to the revenue records and other Government Records for the purpose of forming a final opinion.7. Respective learned counsels appearing on behalf of the private respondents would submit that they are the bondafide purchasers of the plots Page 7 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch/ portion of land and in occupation for several years. Their documents are also to be verified by the authorities to ascertain the encroachments in waterbodies, roads and Government Poromboke lands.8. Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the 'State' would submit that the authorities competent verified the revenue records and identified some portions of road encroachments, more specifically, with the assistance of the Chennai Corporation Officials. 9. Mr.J.Kumaragurubaran, I.A.S., Commissioner of Greater Chennai Corporation and the learned Standing Counsel for the Corporation would submit that the Chennai Corporation is also in the process of initiation of action by conducting an appropriate enquiry relating to road encroachments and in respect of the lands already gifted in favour of the Corporation or the erstwhile local bodies.10. It is further contended that an elaborate field survey and the enquiry into the documents are to be undertaken for the purpose of arriving at a conclusion and to find out the encroachments in the waterbodies in the road poromboke, Government Poromboke lands and Corporation lands. High Page 8 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and BatchCourt cannot conduct a rowing enquiry regarding the genuinity of the documents produced before this Court by the respective parties nor conduct a field survey for the purpose of arriving a decision. Disputed facts are always to be adjudicated by the competent authorities based on the documents in original available produced by the parties to the dispute. In the present case, petitioner as well as the contesting respondents are in possession of several documents, which all are to be scrutinised and its genuinity and correctness are also to be find out.11. In view of the fact that the encroachment portions are yet to be finalised by the authorities, despite the fact that the petitioner has specified the encroachments, this Court thought fit that a thorough enquiry is to be conducted for the purpose of removal of encroachments by following the due process as contemplated under relevant Statutes. After identification of encroachments in waterbodies, roads and Government Poromboke lands, appropriate authority has to issue notice to the encroachers and by affording an opportunity to defend their case, encroachments are to be removed and the portion of the public properties are to be put to the usage of public in general as per law.Page 9 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch12. Issues including encroachments of waterbodies, Corporation properties and unauthorised constructions are placed before this Court for consideration. Beyond encroachment, unauthorised constructions in encroached lands and unauthorised construction in patta lands are posing threat to the neighbours and public at large. The very purpose and object of Building Regulation Rules are defeated and in the event of an accident or nature's fury, it may not be possible for the authorities to save the lives of the people. 13. On account of large scale unauthorised constructions in major cities like Chennai, people at large are undergoing greater mental agony and facing many difficulties in their day-to-day life. Normal life has become tedious on account of illegalities, irregularities in the matter of implementing the relevant laws by the competent authorities. Importantly non-implementation of law or failure on the part of the authorities to prevent illegalities and to initiate action against illegalities are undoubtedly resulting in infringement of the rights of the citizen in general. Therefore, inaction, corruption and illegalities continuing before the eyes of the authorities are to be construed as serious lapses, dereliction of duty, negligence, corrupt activities or collusion, which deserve stringent action against the authorities concerned.Page 10 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch14. In view of the fact that the disputed facts are involved in the present case, we are inclined to issue the following directions;(1)The District Revenue Officer (DRO), Chennai District and District Revenue Officer (Land and Estate), Greater Chennai Corporation are directed to conduct joint enquiry with the assistance of the Government Departments concerned and identify the encroachments in waterbodies, public roads, corporation properties, Government Poromboke lands, etc. On identification of such encroachments and unauthorised constructions, all appropriate actions are directed to be initiated by following the due process as contemplated under the relevant Statutes. The joint enquiry is directed to be completed within a period of six (6) months from the date of receipt of a copy of this order.(2)The writ petitioner as well as the private respondents and other person having interest over the subject properties under encroachments or otherwise are at liberty to participate in the enquiry proceedings. They are at liberty to submit their respective documents and statements to establish their rights. In this regard, the committee shall issue notice to all the parties concerned and provide opportunity to the parties.(3)Regarding unauthorised constructions, Commissioner of Greater Chennai Corporation is directed to constitute required number of Special Teams to inspect the unauthorised constructions / buildings Page 11 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batchincluding the on going projects and initiate all appropriate actions to demolish unauthorised constructions and issue 'Stop Work Order' by following the due process in respect of on going projects, where violations are noticed. The Special Teams are directed to be constituted within a period of four (4) weeks from the date of receipt of a copy of this order. The complaints / informations received are to be allotted to the Special Teams by the Commissioner of Greater Chennai Corporation for initiation of appropriate actions. The complaints / informations received must be attended within a period of two (2) weeks and action taken must be simultaneous.(4)The Greater Chennai Corporation is directed to form a Vigilance Team to monitor the functioning of the Corporation Authorities and in the event of any corrupt activities, illegalities, lapses, dereliction of duty or negligence, departmental disciplinary proceedings under the Service Rules are to be initiated including prosecution, if required under relevant criminal law.15. With the above directions, the Writ Petitions stand disposed of and the Contempt Petitions stand closed. Consequently, connected Writ Miscellaneous Petitions and Sub Applications are also closed. No costs.[S.M.S., J.] [V.S.G., J.] 23.10.2024Page 12 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch Index : Yes Speaking order / Non-speaking orderNeutral Citation : Yes JeniPage 13 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and BatchTo1.The District Collector, Collectorate – Chennai District, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai – 600 001.2.The Tahsildar, No.4, West Mada Street, Koyambedu, Aminjikarai, (Near Karungaleswarar Temple), Chennai – 600 107.3.The Commissioner, Corporation of Chennai, Ripon Building, E.V.R. Periyar Salai, Chennai – 600 003.4.The Commissioner of Police, O/o. Greater Chennai Police, Commissioner Office Building, 132, E.V.K. Sampath Salai, Vepery, Chennai – 600 007.5.The Assistant Director, District Land Survey Office, Collectorate-Chennai District, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai – 600 001.6.The Managing Director, The CMWSSB, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002.7.The Chairman-cum-Managing Director, The TNEB, NPKRR Maaligai, 144, Anna Salai, Chennai – 600 002.Page 14 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and Batch8.The Inspector of Police (Law and Order), V-1, Villivakkam Police Station, No.204, M.T.H. Road, Villivakkam, Chennai – 600 049.9.The Director, NCB 21 to 28, The Directorate of Vigilance and Anti Corruption, P.S.Kumarasamy Raja Salai, (Greenways Road), Raja Annamalaipuram, Chennai – 600 028.10.The Chairman cum Managing Director, M/s.Chennai Metro Rail Limited, Poonamallee High Road, Koyambedu, Chennai. Page 15 of 16 https://www.mhc.tn.gov.in/judis W.P.Nos.19262 of 2015, etc., and BatchS.M.SUBRAMANIAM, J.ANDV.SIVAGNANAM, J.JeniW.P.Nos.19262 of 2015, etc., and Batch23.10.2024Page 16 of 16