‘Court can’t interfere in TN govt’s decision to remove encroachments’

A Vacation bench of Justice SM Subramaniam and Justice C Saravanan made these observations on hearing a petition filed by S Karikalan, vice president of a Chennai-based private deemed to be university.
‘Court can’t interfere in TN govt’s decision to remove encroachments’
Madras High Court

CHENNAI: The Madras High Court on Wednesday observed that it could not intervene with the move of the government while it is removing encroachments by passing an order to stop the same act of the government.

A Vacation bench of Justice SM Subramaniam and Justice C Saravanan made these observations on hearing a petition filed by S Karikalan, vice president of a Chennai-based private deemed to be university.

The petitioner wanted to quash an impugned order passed by the block development officer of Tiruporur stating that the government will remove several encroachments made by the educational institution on the water bodies and pathway.

“The respondent has issued an order asking us to appear for the inquiry over the alleged encroachment. The government officer is stating that the action was taken as per the direction of the Madras HC. However, we have not encroached any land. The BDO is not authorised to send a notice to us. What shall be the approach under the Tamil Nadu Land Encroachment Act, 1905 was intermixed and misunderstood with the TN Protection of Tanks and Eviction of Encroachments Act, 2007,” the petitioner added.

On recording the submissions, the judges stated that the court could not restrain from removing the encroachments. The matter was adjourned to June.

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