M.Manjunathan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.Nos.5467 & 5471 of 2020 W.P.No.5467 of 2020 M.Manjunathan ... Petitioner Vs 6.Venkatesan 7.Kuppuraj 8.Govindaraj 9.Sakthivel 10.Vediyappan 11.Mani 12.Murugesan 13.Subramani 14.Nagaraj Singh 15.Gokulramsingh 16.Gourammal

17.Saravanan 18.Loganathsingh 19.Balajisingh 20.Sampath 21.Senthil 22.Venkatraman 23.Sriramalu 24.Gouravagounder 25.Ramasamynayudu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of of Mandamus, directing the Respondents 1 to 5 to evict the encroachment made by the Respondents 6 to 25 as found in Survey No.133/2, 132/2, 147/2, 148/2, 78/1, 78/2, 78/3 of the Pannandhur Village, Pochampalli Taluk, Krishnagiri District within a time frame.

For Petitioner : Mr. J.Pradeep.

For Respondents: Mr.P.S. Sivashanmuga Sundaram, Special Government Pleader.

W.P.No.5471 of 2020 V.Sakthivel ... Petitioner Vs

6.Sakthivel 7.Vediyappan 8.Mani 9.Murugesan 10.Subramani 11.Govindaraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondents 1 to 5 to evict the encroachment made by the Respondents 6 to 11 as found in Survey No.133/2, 132/2, 147/2, 148/2 of the Pannandhur Village, Pochampalli Taluk, Krishnagiri District within a time frame.

For Petitioner : Mr. J.Pradeep.

For Respondents : Mr.P.S. Sivashanmuga Sundaram, Special Government Pleader.

C O M M O N O R D E R (Order of the court was made by N.KIRUBAKARAN.J.,) The Petitioners in the respective petitions alleges that their property is situated in the area adjacent to the State Highway running from Thatrahalli to Pandharahalli which are the Government Poromboke lands comprised in S.Nos.133/2, 132/2, 147/2, 148/2, 78/1, 78/2, 78/3 of Pannandhur Village and those lands have been encroached by the private respondents and they put up construction having houses and shops and thus, the petitioners gave representation to the respondents. Thereafter, on 30.11.2019, when the first respondent / District Collector, Krishnagiri visited the village, all the village people requested to remove the houses and shops which have been constructed by encroaching upon the above said lands. Since no action has been taken, the petitioners have come before this Court.

2.Heard Mr.J.Pradeep, learned Counsel for the petitioners in both the petitions and Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader for the respondents 1 to 5 in both the petitions.

3.Though a larger relief has been sought for viz., Writ of Mandamus, directing the respondents to evict the encroachments, this Court is of the opinion that if the following order is passed, the same would be sufficient. Hence, notice to the private respondents at this stage is not necessary as this Court is only directing the official respondents to follow due process of law to conduct an enquiry with regard to the allegations made against the private respondents.

4.It is evident from the records that a communication dated 07.02.2020 has been sent by the Revenue Divisional Officer directing the Tahsildar to make an inspection and conduct an enquiry and file a report. However, it is not known as to whether Tahsildar has conducted any inspection or enquiry. 5.In view of the same, the Revenue Divisional Officer and Tahsildar are directed to conduct an enquiry and find out as to whether private respondents have encroached upon the property after giving notice to the petitioners in the respective petitions as well as to the private respondents and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this Order.

6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AD I) //True Copy// Sub Assistant Registrar ay To

+2ccs to Mr.J.Pradeep, Advocate, S.R.No.19804 +1cc to the Government Pleader, S.R.No.20246 W.P.Nos.5467 & 5471 of 2020 SV(CO) KKV/16/06/2020