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‘Does govt expect courts’ intervention for every encroachment?’

The first bench, consisting of Chief Justice Munishwar Nath Bhandari and Justice N Mala made this observation on hearing a petition filed by Anandan. The petitioner prayed for a direction to remove the private encroachments, buildings, and structures made on the Araniyar River from Kummunimangalam village to Lakshmipuram dam in Ponneri Taluk of Tiruvallur district.

‘Does govt expect courts’ intervention for every encroachment?’
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CHENNAI: The Madras High Court on Monday observed that it wants to know whether the State government is expecting the court to intervene in every encroachment to pass orders to remove the illegal occupancies and encroachment made in public places.

The first bench, consisting of Chief Justice Munishwar Nath Bhandari and Justice N Mala made this observation on hearing a petition filed by Anandan.

The petitioner prayed for a direction to remove the private encroachments, buildings, and structures made on the Araniyar River from Kummunimangalam village to Lakshmipuram dam in Ponneri Taluk of Tiruvallur district.

When the matter was taken for hearing, J Ravindran, Assistant Advocate General (AAG) informed the Madras High Court that the government has initiated steps to remove encroachments from that particular location and the process will be completed soon.

However, the CJ observed what stops the government from taking action to remove encroachments even after knowing that the public place was occupied illegally.

The AAG submitted that the government is taking strict measures to remove encroachments. "The government did not hesitate to remove illegal occupancies in public places. Already, the state has started recovering water bodies from encroachment, " the AAG noted.

CJ noted that if the laws and provisions were implemented properly, the encroachments will not prevail here. "A person who complains about encroachment will die one day and then the officers too will forget the issue. Finally, the encroachment will remain there as it existed, " the court added.

The bench directed the government to file its counter on August 2 explaining its further scheme to remove illegal constructions and structures made on the Araniyar river.

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