IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Contempt Jurisdi tion) Sub Application No. of 2022

In

Contempt Petition No. 1874/2018 in

W.P.No.12125/2013

1. P. Ponniah, I.A.S., The District Collector,

Kancheepuram District.

Collectorate Campus,

Kancheepuram — 631 501

2. C. Elumalai, The Tahsildar,

Sholinganallur Taluk,

No. 1, Rajiv Gandhi Salai, Kumaran Nagar, Sholinganallur, Chennai — 600 119.

3. v.K. Jeyakodi, I.A.S.,

The Commissioner of Land Administration.

Land Administration Department, Ezhilagam, Chepauk,

Chennai – 600 005.

Petitioner/ Respondents

vs

1. H. Sekar,

Managing Trustee of the Nature Trust, No.20, Dr.Nanjunda Rao Road,

Injambakkam, Chennai — 600 041.

Respondent/ Petitioner

AFFIDAVIT OF THE DISTRICT COLLECTOR CHENNAI DISTRICT

I, Dr. J. Vijaya Rani, I.A.S., W/o Thiru. Roshan, Hindu aged about 47 years, presently discharging duties as the District Collector, Chennai

 

Pers nal

Collector of CCLtFOTO CHENNAI Chennai – 1.         CYléNNAi-6CO 001.

 

District, Chennai 600 001 do hereby solemnly affirm and sincerely state as follows:

• I respectfully submit that I am well acquainted with the facts and circumstances of the case based on the records available in the file and I am filing this affidavit on behalf of myself and the other petitioners in the sub application.
• 1 respectfully submit that the first petitioner / respondent/contemnor Thiru P Ponniah IAS. , who was discharging duties as District Collector, Kancheepuram in 2019 was transferred and presently working as the Director of Municipal Administration, Chennai 28. I am presently discharging the duties of the Collector of Chennai and thereby dealing with the issue relating to the present contempt petition and thereby swear in this affidavit.
• I respectfully submit to reiterate the stand of the Government that the Government is meticulously adhering to the instructions of the

Hon’ble High Court in letter and spirit without any let up. The stand of the

Government is to initiate the eviction process and to retrieve the Government lands from the hands of the encroachers. There is no different opinion in the stand of the Government and Government reassures its commitment for the retrieval of Government lands.

• I respectfully submit to tender my unconditional ap010U for any delay in the execution of the orders pronounced by the Hon’ble High Court.

 

Perso al COLLECTOR OF CHENNAI 10 Ccllector of CHENNAI-GOO 001. Chennai – 1.

 

• I respectfully submit to place before the Hon ‘ble High Court that the Government is fully committed in implementing the orders of the Hon ‘ble High Court in letter and spirit and the following measures are taken towards the implementation of the orders of the Hon ‘ble High Court:

24. i) The District Collector Chennai has addressed the TNEB to disconnect the electricity connections of the encroached buildings vide letter No.J14/20929/2018 dated:24.01.2022.As a first step 108 number of Electricity connections have been disconnected out of which 84 numbers of electricity connections have been sealed and disconnected in the commercial buildings based on the Hon ‘ble High Court’s order. This exercise will continue today also.

32 number of Name Boards have been placed in the vacant sites as well as in the resumed sites informing the encroachers that the lands have been resumed by the Government iii) 7 number of Compound walls have been demolished.

• I respectfully submit to place before the Hon ‘ble High Court that the District Administration is taking all possible efforts to implement the orders of the Hon’ble High Court and thereby assures to speed up the process of restoring the Government lands to their original state.
• I respectfully submit to state that the district administration has formulated the following plan of action towards the implementation of

 

the orders of the Hon’ble High Court:

Collector of

GOT-LECTOR OF CHENNÅi    CHENNAI-600 001.

Per onal

Chennai-I,

 

1. i) It is submitted to inform the Hon’ble High Court that within one month an undertaking will be obtained from all the encroachers regarding the willingness of the encroachers to relocate to the alternate location identified by the district administration.

It is submitted that the final list of encroachers whoever are not willing to give an undertaking for relocation will be placed before this Hon’ble High Court before 28.02.2022.

• With respect to the encroachers who have given undertaking, in the first phase, 100 families of encroachers will be provided alternate accommodation in the tenements built by the Tamil

Nadu Urban Habitat Development Board before 31.3.2022.

30. In the second phase, 1348 families of encroachers will be provided with alternate accommodation in the tenements built by the TNUHDB., before 30.04.2022, as per the time lines given by the TNUHDB., in its letter dated 25-01-2022.
31. Such of the encroachers who do not give willingness for relocation to TNUHDB., allotments will also be evicted by

30.04.2022.

• I respectfully submit that the District Administration is fully committed to implement the orders of the Hon’ble High Court in letter and spirit and in view of the above submissions the

Hon’ble High Court may take a view to modify the orders of the

Hon’ble High Court dated 24.01.2022 regarding disconnection

 

No.of.Corrs:- Nil

Pe sonal	COLLECTOR OF CHENNAI
Collector of	CHENNAI-600 001.

Chennai – 1.

 

of all the Electricity connections in the S.No.281/1, 281/2, 281/3 total measuring 156 acres, in Injambakkam village,

Sholinganallur Taluk,

• I respectfully submit that in view of the prevailing Covid pandemic, it is humbly prayed that among the dwellers in whose houses electricity is to be disconnected, there are young babies/children, old aged persons, ailing persons etc. Moreover, the young School going children/ College students who are deprived of their regular classes, now attending classes through online are affected by the sudden disconnection of electricity which would discourage their morale and future of the young generation/citizens of tomorrow. It is also respectfully submitted that the economic status of the people has also suffered a serious setback due to this pandemic.
• In view of the academic year for the students ending with April month and the students attending the classes online, it is humbly requested to permit us to complete the process of eviction by 30.04.2022.
• 1 humbly submit that we are committed towards the timeline as stated by us and we will file the status report on the progress made then and there.
• In the above said circumstances, this Hon’ble Court may be pleased to accept this affidavit as an additional status report to the status report filed on 20.1.2022 and 24.1.2022 submitted in compliance of the order of the Hon’ble High Court dated 09.04.2015 in W.P.No. 12125 of 2013

No.of.Corrs:- Nil

Additiöih)

Collector of COLLECT CHENNAI Chennai l ,  CHENNAI- 00 001.

and further orders in Contempt Petition No. 1874 of 2018 in W.P.No.12125 of 2013 dated 13.09.2021 and 24.1.2022.

• It is respectfully prayed that this, Hon ‘ble Court may be pleased to modify the orders dated 24-01-2022, in Contempt Petition No. 1874/2018 with regard to the disconnections of electricity in S.No.281/ 1, 281/2, 281/3 total measuring 156 acres, in Injambakkam village, Sholinganallur Taluk, with respect to residential tenements and pass appropriate orders by granting time till 30-04-2022 for concluding the eviction process.

 

Solemnly affirmed at Chennai on this the 27^th day of January 2022 and signed her name in my presence

No.of.Corrs:- Nil

/ / Before me/ /

COLLECTOR OF CHENNAI  CHENNAI-600 001.

Additional P rsonal Assistant to the Collector of Chennai, Chennai – 1.

 

CHENNAI DISTRICT

HIGH COURT MADRAS (Appellate Side Jurisdiction)

Sub Application No. f 2022

In

Contempt Petition No.1874/2018 in

W.P.No.12125/2013

AFFIDAVIT FILED BY THE

DISTRICT COLLECTOR

CHENNAI DISTRICT

GOVERNMENT PLEADER