VENKATESWARA MIDDLE SCHOOL Vs. DISTRICT COLLECTOR, KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) The impugned order dated 25.03.2014 issued by the District Collector, Kancheepuram District, in respect of the removal of encroachments in the Government land, is under challenge in this writ petition.

(2.) The writ petitioner states that the petitioner is running a Middle School for over 50 years and the school is recognized by the Government of Tamil Nadu vide proceedings in RC.386-D/62 dated 21.07.196 The petitioner states that, the School is one of the oldest schools in the Tambaram, Chrompet area. Many of the prominent personalities studied in this School. A land measuring an extent of 51 acres comprised in Survey No.431/2 and Survey No.432/10, situated at Zamin Pallavaram Village, previously Saidapet Taluk, presently Alandur Taluik, previously Chengalpattu District, presently Kancheepuram District was under the occupation of the writ petitioner.

(3.) The petitioner in his affidavit enumerates so many good things about the School which may not be of much relevance in respect of the issue involved in the present writ petition. This Court is not disputing the good things done by the school and by the teachers and by the persons concerned. The question to be decided in this writ petition is that whether the writ petitioner is an encroacher or not. Admittedly the writ petitioner has not established title, ownership by producing the original documents before the District Collector, Kancheepuram District. The petitioner School submitted a representation to the District Collector, Kancheepuram stating that they need additional land for the purpose of developing the School. This apart, a complaint also has been registered by stating that one Mr.Marimuthu deliberately encroached the Government land and raised the compound wall, with his political influence. The petitioner had immediately lodged a police complaint before the Inspector of the Police and the Police had not taken any steps against Mr.Marimuthu and he is allowed to continue in the encroached portion of the Government land and he started increasing the length of the compound wall by using his political power and muscle and money power. He had done many unlawful acts and the police has shown deaf ears, in respect of the complaints and the demands made by the writ petitioner School. The petitioner School had sent a complaint to the District Collector, Kancheepuram District, Tahsildar, Alandur Taluk, stating that Mr.Marimuthu had encroached into the petitioner's School premises and raised a compound wall in the School. The said Mr.Marimuthu was also trying to raise further construction in the said land.