B.V.NAGARAJ Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of certiorarified mandamus to call for the records in connection with the proceedings of the 5th respondent dated 06.10.2017 and to quash the same and further direct the 5th respondent to strictly comply with the orders of this Court passed in W.P.No.3598 of 2017 in true letter and spirit.

(2.) According to the petitioner, he is a co-owner of the property situated in Block No.10, Survey No.16 measuring an extent of 30,400 sq.ft. along with Raju, Lenin Kumar and Prakash. The petitioner contended that originally the property belonged to one Rathinasamy Pillai and after his demise, the property devolved on his son Adhisiyam Pillai. Further, the petitioner contended that the said Adhisiyam Pillai executed a registered General Power of Attorney dated 10.09.1958 in favour of one B.R.Raju Iyer. The said document was registered as Doc.No.84 of 1958. Thereafter, on 20.12.1981, the said B.R.Raju Iyer executed a Will in favour of his sons P.R.Thirumalai Iyer and Venkatachalapathy, giving life interest to Venkatachalapathy and absolute right to his grand son B.V.Nagaraj, who is the Writ Petitioner. Further, it is the contention of the petitioner that the 9th respondent has illegally put up construction in the petitioner's property in Survey No.16 and constructed the building without any sanctioned and approved plan.

(3.) Earlier, the petitioner filed a Writ Petition in W.P.No.3598 of 2017 to issue a writ of mandamus directing the respondents 2 & 3 to demolish the illegal, unauthorized construction put up by the 9th respondent in Survey No.16 without obtaining necessary plan approval from the appropriate authorities and exemption from the Government. The 9th respondent submitted that the Police Station was constructed in the year 2003-04 in the land allotted to the Police Department by the Tamil Nadu Police Housing Corporation and the construction was duly approved in G.O.Ms.No.107 Home (Modern) Department, dated 08.02.2002. This Court by order dated 27.03.2017 in W.P.No.3598 of 2017 directed the District Collector, Salem to consider the relevant documents to be produced by the petitioner and take a final decision in the matter. Further, this Court also observed that if the District Collector comes to the conclusion that the property in question is a private property of the petitioner, then the District Collector can take steps to acquire the property.