N.M.Ganesan v. The District Collector
2024:MHC:2372
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI N.M.Ganesan S/o.Marimuthu ... petitioner Vs.
1.
The District Collector O/o. of the District Collector Erode District Collectorate Buildings Perundurai Road Erode - 638 011.
2.
The District Revenue Officer Erode District Collectorate Buildings Perundurai Road Erode - 638 011.
3.
The Thasildar Sathyamangalam Taluk Sathyamangalam.
4.
The Executive Officer Ariappampalayam Town Panchayat (Special Grade) Page Nos.1/10
Ariappampalayam Erode - 638 402.
5.
The Divisional Engineer Highways Moolapalayam Erode.
6.
The Assistant Divisional Engineer State Highways (C & M) Near Easwaran Koil Sathy Road Sathyamangalam Erode - 638 401.
7.
The Executive Engineer State Highways (C & M) Sathy Road Gobichettipalayam Erode.
8.
The Superintending Engineer TNEB Sathy Road Gobichettipalayam Erode.
9.
The Divisional Engineer TNEB Sathyamangalam Erode - 638 402.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider petitioner's representation dated 22.09.2023 and to take appropriate action Page Nos.2/10
towards the eviction of any individual(s) who were illegally encroached and building a temple without following any Government norms into the Government lands owned by the respondents 4 to 6 in the land comprised in Survey Nos.7/1 and 7/2, Thimmaianpudur Village, Erode District within the limits of Ariyappampalayam Municipality, demolish the illegal structures put up therein and recover the lands within the time. For Petitioner :
Ms.Manne Ramya for Ms.M.Anupriya For Respondents :
Mr.C.Selvaraj Additional Government Pleader
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed alleging encroachment in 'Government lands being S.Nos.7/1 and 7/2 in Thimmaianpudur Village, Erode District' {hereinafter 'said land' for the sake of brevity}.
2. Ms.Manne Ramya, learned counsel representing counsel on record for writ petitioner, adverting to writ affidavit, more particularly, paragraph No.7 thereat submits that said land is Highways Land and that Highways Department is bound to remove the same. It is also a case of writ petitioner Page Nos.3/10
that a representation dated 22.09.2023 has been sent and a scanned reproduction of the same as placed before this Court is as follows: Page Nos.4/10
Page Nos.5/10
3. Issue notice to respondents.
4. Mr.C.Selvaraj, learned Additional Government Pleader accepts notice for all nine respondents.
5. Learned State counsel, adverting to proceedings dated 12.01.2024 bearing reference Na.Ka.5877/2023/A3 made by jurisdictional Tahsildar i.e., Tahsildar, Sathyamangalam, Erode District submits that said land belongs to Highways Department and it is governed by 'The Tamil Nadu Highways Act, 2001' {hereinafter 'said Act' for the sake of brevity}.
6. This Court is acutely conscious that alleged encroachers have not been made parties to WP and that they are not before this Court. However, as there would be a directive to Highways Department to act in accordance with said Act, we are of the view that adequate safety valve is put in place as the same is statutorily inbuilt. This is owing to the language in which clause (ii) of sub-section (2) of Section 28 of said Act is couched. To be Page Nos.6/10
noted, Section 28(2)(ii) reads as follows:
28. Prevention of encroachment.-
(1) ...........................
(2) ...........................
(i) ............................
(ii) remove any immovable structure, whether permanent or temporary in nature, encroaching the highway or in the area vested with Government under this Act, after issuing a show cause notice against such removal, returnable within a period of seven days from the date of receipt thereof:
Provided that may representation received within the timelimit shall be considered by the authority or officer concerned before passing final orders.'
{underlining made by this Court for ease of reference}
7. The above means that alleged encroachers have to be issued show cause notice, given an opportunity to show cause, the same should be considered and if any representation is received by authority concerned in the interregnum i.e., within time frame qua show cause notice that also has to be considered by authority before passing final orders.
8. Therefore, there is adequate safety valve qua opportunity to alleged encroachers.
Page Nos.7/10
9. In the light of the narrative thus far and in the light of aforementioned obtaining legal position, without expressing any view or opinion on the merits of the matter, we direct respondents 5 to 7 to act on aforementioned 22.09.2023 representation strictly in accordance with said Act and more particularly, aforementioned provision of said Act which has been adverted to.
10. Aforementioned exercise shall be completed by R5 to R7 as expeditiously as the business of R5 to R7 would permit but in any event within eight weeks from today i.e., by 09.08.2024. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 14.06.2024 Index : Yes / No Speaking mk P.S.
Though captioned WP is disposed of, Registry is directed to list the captioned WP under the cause list caption 'FOR REPORTING COMPLIANCE' on 16.08.2024.
Page Nos.8/10
To 1.
The District Collector O/o. of the District Collector Erode District Collectorate Buildings Perundurai Road, Erode - 638 011.
2.
The District Revenue Officer Erode District Collectorate Buildings Perundurai Road, Erode - 638 011.
3.
The Thasildar Sathyamangalam Taluk Sathyamangalam.
4.
The Executive Officer Ariappampalayam Town Panchayat (Special Grade) Ariappampalayam Erode - 638 402.
5.
The Divisional Engineer Highways, Moolapalayam Erode.
6.
The Assistant Divisional Engineer State Highways (C & M) Near Easwaran Koil Sathy Road, Sathyamangalam Erode - 638 401.
7.
The Executive Engineer State Highways (C & M) Sathy Road, Gobichettipalayam Erode.
8.
The Superintending Engineer TNEB Sathy Road Gobichettipalayam Erode.
9.
The Divisional Engineer TNEB, Sathyamangalam Erode - 638 402.
Page Nos.9/10
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 14.06.2024 Page Nos.10/10