Kaveri, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 16.08.2017
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.21909 of 2017 W.M.P.Nos. 22938 to 22940 of 2017 1.Kaveri 2.Eswari 3.Manjula 4.Kettimuthu 5.Selvan @ Selvaraj 6.Durai @ Vadivel 7.Lakshmi 8.Pappathi 9.Kuppayee 10.K.Saraswathi 11.Ramesh 12.Annapoorani 13.Vanitha 14.Kumudha 15.Sharmila 16.Rukumani 17.Mallika 18.Vijayakumar 19.Mageswari 20.Saraswathi 21.Chockalingam 22.Ranjithkumar
...Petitioners
Versus
1. The District Collector, Erode District, Erode.
2. The Special Officer/ Block Development Officer, (Village Panchayat) Modakkurichi Panchayat Union, Modakkurichi, Erode District.
3. The Superintendent of Police, Erode District, Erode.
4. K.Kathirvel
5. M.Vivekanandam ` .. Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Certiorari to call for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings No.Nil dated 02.08.2017 and the same was received by the petitioners on 09.08.2017.
For Petitioners :
Mr.C.Prakasam For RR 1 to 3 :
Mr.A.N.Thambidurai, Spl.GP
ORDER
[Order of the Court was made by M.SATHYANARAYANAN.,J] By consent, this writ petition is taken up for final disposal.
Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 3. The private respondents 4 and 5 on an earlier occasion filed WP No.15559 of 2017 against the 1st respondent herein as well as the Assistant Director of Panchayats, Collectorate, Erode District, Erode; the Tahsildhar, Modakurichi Taluk, Erode District and the Block Development Officer, Modakurichi Union, Erode District, praying for issuance of a writ of Mandamus directing the respondents to remove the encroachments made on the road in Survey No.742 and 743 at Nanjai Uthukuli Village, Modakurichi Union, Erode District by considering their representation dated 07.03.2016.
The learned counsel appearing for the petitioner would submit that though this Court while disposing of the writ petition on 23.06.2017, in paragraph 5 had directed the official respondents, viz., respondents 3 and 4 therein, after putting the encroachers in the said survey numbers on notice and thereafter proceed further and pass appropriate orders as to the removal of the encroachments within a period of eight weeks from the date of receipt of copy of that order and further directed to file compliance report, in clear violation of the said order, the 2nd respondent has issued the impugned notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, and therefore, the writ petitioners who are residing in the properties for year together, feeling aggrieved of the said impugned order, came forward to file this writ petition.
Mr.A.N.Thambudurai, the learned Special Government Pleader appearing on behalf of the respondents 1 to 3 would
submit that the 2nd respondent is taking action strictly in compliance of the above said order made in WP.No.15559/2017 dated 23.06.2017.
This Court has considered the rival submissions and also perused the materials placed before it.
It is relevant to extract Paragraph 5 of the order dated 23.06.2017 made in WP No.15559/2017:
"5 This Court, in the light of the above facts and circumstances, directs the respondents 3 and 4 to remove the encroachments in Nanjai Uthukuli Village Re-survey Nos.742 and 743 after putting the encroachers in the said survey numbers on notice and thereafter, proceed further in accordance with law and pass appropriate orders as to the removal of the said encroachment within a period of eight weeks from the date of receipt of copy of this order and communicate the decision taken, to the petitioner as well as to the encroachers."
Section 7 of the Tamil Nadu Land Encroachment Act, 1905, mandates the issuance of prior notice to the encroachers in occupation and Section 6 (2) of the said Act, further mandates as to the manner in which the eviction shall be conducted.
In the considered opinion of this Court, notice under section 6 of the Act is to follow the impugned notice under Section 7 and the petitioners cannot be evicted straightaway. Therefore, in the light of the facts and circumstances of the said provisions, the 2nd respondent or any other officials authorized, shall issue notice under Section 6 of the Land Encroachments Act, 1905, within a period of two weeks from the date of receipt of copy of this order to the petitioners and other encroachers and after putting the private respondents on notice, shall proceed further and pass appropriate orders in accordance with law within a further period of six weeks and thereafter, communicate the decision taken to the petitioners as well as to the private respondents and till such time, shall defer further proceedings in terms of the Tamil Nadu Land Encroachment Act, 1905 and the rules framed thereunder.
Accordingly, the writ petition stands disposed of. No costs. Consequently, the Connected Miscellaneous petitions are also closed.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar rka To
1. The District Collector, Erode District, Erode.
2. The Special Officer/ Block Development Officer, (Village Panchayat) Modakkurichi Panchayat Union, Modakkurichi, Erode District.
3. The Superintendent of Police, Erode District, Erode.
+2cc to Government Pleader Sr. 59857 +1cc to Mr.C.Prakasam, Advocate sr. 58889 WP.No.21909 of 2017 KJI(CO) VR(30/8/2017)