V K SRINIVASAN Vs. AKBAR ALI

JUDGEMENT

(1.) PETITIONERS/accused 1, 2 and 4 in C.C.No.329 of 1998 on the file of Judicial Magistrate, Tambaram have preferred the revision aggrieved against the order of dismissal in M.P.No.6870 of 1998, dated 5.2.1999.

(2.) THE case in brief for the disposal of the case is as follows: ?THE public road abutting railway level crossing in Tambaram called the Velacheri Road belongs to the Highways Department of the Government of Tamil Nadu and the same falls within the Tambaram Municipality. THE Indian Airforce have a base in Tambaram and there is lot of air traffic in and around the area. THE entire stretch of Velacheri Road has been occupied by encroachers and several of them had built even permanent structures for their business activities. THE entire area attracted street vendors and hawkers. Several persons also put up unauthorised beef, mutton and chicken stalls. THE sale of beef, mutton and chicken in open areas naturally attracted large birds that abound the area of carcass. THEse birds cause serious obstruction to Airforce Pilots and the Airforce authorities were complaining to the Government to take suitable action to remove the encroachments. THE encroachments in Velacheri Road became unbridled and ultimately, the District Collector, Kancheepuram under whose jurisdiction the area comes, directed the Highways Department to clear the encroachments. THE Collector also directed the Municipality, the Electricity Board and the Superintendent of Police to lend all assistance for the removal of encroachments. THE Collector also convened a meeting in the Tambaram Municipality premises on 19.4.1998 and invited the representatives of Municipality Chairman also attended the meeting and their co-operation was solicited. THE Collector directed the Highways Department to make public announcements by beat of drums about the proposed action to remove all encroachments and these instructions were also carried out on 17.4.1998.

(3.) THE fact that the accused have not denied the removal of encroachment cannot mean that they have accepted the commission of the offence. It is the case of the petitioners that beef stalls were unauthorised and unlicensed ones. THE accused had acted only in good faith. THE complainant is an encroacher on poromboke land and he has admitted the same when he filed an indemnity bond with the Electricity Board authorities seeking power supply for the demolished structure.