List the matter after four weeks before the same Bench.
A copy of this order shall be communicated to the Chairman of the Monitoring Committee and other Members, forthwith.
WP No.19880 of 2024
THE HON’BLE ACTING CHIEF JUSTICE
and
P.B. BALAJI, J.
(Order of the Court was made by the Hon’ble Acting Chief Justice)
The petitioner has filed the writ petition for a Mandamus directing the respondents to remove / demolish all illegal buildings constructed from the bottom of the hill on the slope of the Holy Girivala Mountail in Ward No.3, Survey No.520 measuring am extent of 718 acres 35719 Sq.ft.
2. After hearing the petitioner, who appeared in person, and considering the gravity of the allegations made in the writ petition, this Court, vide order dated 16.07.2024, constituted a Committee comprising of the following members :(i)The District Collector, Tiruvannamalai District ;
(ii) The District Revenue Officer, Tiruvannamalai District ;
(iii) The District Forest Officer, Tiruvannamalai District ;
(iv) The Commissioner, Tiruvannamalai Corporation ;
(v) The Tahsildar, Tiruvannamalai ;
(vi) The Supreintendeing Engineer, TANGEDCO, Vengikal, Tirivammalai;
(vii) Jurisdictional Village Administrative Officer and
Mr.M.C.Swamy, Advocate, was made a Coordinating Member of the Committee.
3. Mr.M.C.Swamy, who is appoined as Coordinating Member of the Committee as per the order of this Court, has filed a report before this Court informing practical difficulties in executing the order of this Court for removal of encroachments in the Givivalapathai in Tiruvannamalai Temple and he has also suggested for constituting of a Monitoring Committee to monitor the action taken by various authorities namely Forest Department, Revenue Department, Public Works Department and Hindu Religious and Charitable Endowments Department for removal of encroachments in the aforesaid Girivalapathai / forest lands in question. The Coordinating Member of the Committee further submitted that the District Collector, Tiruvannamalai is also saddled with this Herculean Task and therefore, suggested for constitution of a Monitoring Committee to monitor the subject lands and to convene meeting with all the officials concerned / stakeholders in respect of cancellation of patta which were obtained illegally and for removal of encroachments in the Girivalapathai and forestlands at Tiruvannamalai.
4. Mr.Elephant Rajendran, petitioner-in-person alleges that pattas were issued by incompetent authorities in favour of various encroachers in respect of the lands under occupation and therefore, it requires detailed verificiation by the monitoring committee, otherwise it may not be possible for the authorities concerned to take against such illegal obtaining of patta and for removal of encroachments. The petitioner-in-person has also suggested that a retired Judge of this Court may be appointed as the Chairman of the Monitoring Committee to monitor the action taken in coordination with the departmens concerned for removal of encroachment in these areas.
5. In these circumstances, with the consent of parties, this Court appoints Hon'ble Mr.Justice Mr.M.Govindarajan, Retired Judge of this Court as the Chairman of the Monitoring Committee along with other officials to monitor and to take appropriate action for removal of encroachments in Girivalapathai in Tiruvannamalai Temple and for further action, if any, required for restoring the lands to HR& CE Department, Forest Department etc.
6. Therefore, in the interest of justice and with the consent of parties, we constitute a Monitoring Committee consisting of the following members:(i) Hon’ble Mr.Justice M.Govindarajan, Chairman ;
(ii) The Commissioner of Land Administration, Chepauk, Chennai ;
(iii) The District Collector, Tiruvannamalai District ;
(iv) The Superintendent of Police, Tiruvannamalai District ;
(v) The Joint Commissioner of HR&CE Department, Tiruvannamalai Region ;
(vi) The Conservator of Forests, Vellore Division, Tiruvannamalai Region;
(vii) Mr.Nataraj, Former Joint Commissioner of HR&CE Department.
7. The Monitoring Committee shall conduct periodicial inspection and discuss / coordinate with the other memebers of the Monitoring committee, as well as with the members of the Committee constituted as per the order of this Court dated 16.07.2024 and give necessary instructions for steps to be taken for removal of encroachments and for cancellation of patta, if any, if they are not eligible or obtained patta illegally and file a detailed report before this Court within a period of four weeks.
List the matter after four weeks before the same Bench.
A copy of this order shall be communicated to the Chairman of the Monitoring Committee and other Members, forthwith. (D.K.K., ACJ.) (P.B.B., J.)
29.08.2024
tar/Jvm
THE HON’BLE ACTING CHIEF JUSTICE
and
P.B. BALAJI, J.
tar/Jvm
WP No.19880 of 2024
29.08.2024