Chennai: The Madras high court has observed that encroachments and illegal constructions are spreading like a cancer and that unless or until there is a periodical monitoring, the violators would continue to violate and the law abiding citizens would be a laughing stock before the violators.
A division bench comprising Justices S.Vaidyanathan and Krishnan Ramasamy made the observation after additional advocate general P.H.Arvindh Pandian brought to the notice of the court that when coercive steps are being taken in compliance of the order of this court, some persons, suppressing the orders by this court, represent their case before some other judge without apprising the correct material particulars, thereby stalling the entire proceedings and in that process, the officials are taken to task for executing their job in terms of the orders of this court.
The bench said no doubt, illegal construction/encroachment would not take place without the collusion of corporation officials/staff. If the violated portion was unable to be earmarked for the purpose of disconnection of electricity and water supply, the entire portion shall be disconnected and the officials should ensure that the violators shall not draw connections by any other mode. The aggrieved person whose electricity and water supply connections were disconnected shall file an application in the pending or disposed of matters that would enable the judge/judges who passed the orders in encroachment/illegal construction matters, the bench added.
The bench said it was pertinent to mention here that it was prerogative on the side of the Chief Justice to take such a decision on the administrative side and this Bench cannot issue any such directions of posting the matter, as the Chief Justice was the master of the roster and “We cannot direct the registry to list matters before a particular bench. The first bench of this court on earlier occasions had directed the registry to list all the cases arising out of the particular subject matter only before a particular Bench, so as to ensure due compliance of the orders. Therefore, if any decisions are taken by the authorities concerned pursuant to the directions of this court dated October 16, 2018, and in the event of any person approaching the court pursuant to such action, those matters may be posted before the very same Bench, if the Chief Justice assigns the said work, unless one of the judges have some restraints. Hence, registry is directed to take note of this observation and obtain appropriate orders from the Chief Justice, whenever matters arise out of action being pursued in terms of the orders of this court dated October 16, 2018, regarding listing of such matter either before the very same bench or before the bench, where one of the judges had dealt with the issue previously”, the bench added.
