IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.9.2008 CORAM THE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HON'BLE MR.JUSTICE V.DHANAPALAN Writ Petition No.23009 of 2008 S.Alagu Mani .. Petitioner Vs. 1. The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005. 2. The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005. 3. B.Mangaleswaran .. Respondents Petition under Article 226 of the Constitution of India praying for a writ of Mandamus for the relief as stated therein. For Petitioner : Mr.G.Ravishankar For Respondents 1&2 : Mr.R.Chellamuthu O R D E R (Made by S.J.MUKHOPADHAYA,J.) This writ petition has been preferred by the petitioner, in public interest, for a direction to the respondents to remove the encroachment made by the third respondent in Centre Nos.774 and 775 situate at I Street, Kannigapuram, K.K.Nagar, Chennai 600 078. 2. It appears that the petitioner has already approached the respondent Tamil Nadu Slum Clearance Board (in short the "Board") and certain direction has been issued by the Managing Director of the https://hcservices.ecourts.gov.in/hcservices/ Board to the Executive Engineer of Division No.5, Teynampet, Chennai vide letter No.Na.Ka.No.E8/12162/08 dated 4.7.2008. 3. Such being the position and this Court not being a Court of execution of the order passed by the Board, we are not inclined to give any specific finding or direction. If the order passed by the Managing Director of the Board has not been complied with by the Executive Engineer, Division No.5, Teynampet, Chennai, the petitioner may bring to the notice of the Managing Director of the Board, so as to take appropriate action against the Officer for non compliance of his order. 4. In this connection, we may mention that question of encroachment of a Government land fell for consideration of a Division Bench of this Court in R.Munuswamy v. The District Collector, Vellore and Others (W.P.No.20494 of 2008), wherein, by order dated 26.8.2008, the Division Bench has observed as under: "In view of such consistent view of the Supreme Court, the exercise of writ jurisdiction for removal of encroachment or obstruction on public land, especially when a specific efficacious remedy for the same has been provided under Sections 133 to 143 of the Code, in our judgment, would be both inappropriate and improper." 5. In view of the above, we are of the view that the petitioner can also take recourse of the provisions of law, in the light of the observations of the Division Bench cited supra, before the civil Court of competent jurisdiction. The writ petition stands disposed of accordingly. However, there is no order as to costs. M.P.No.1 of 2008 is closed. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ kpl To 1. The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005. 2. The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005. +1 cc To Mr.G.Ravishankar, Advocate, SR.55746 W.P.No.23009 of 2008. bk [co] gkg/14.10 https://hcservices.ecourts.gov.in/hcservices/