Govindan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE:08-06-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.Nos.16119 to 16129 of 2015 and M.P.Nos.1 of 2015 Govindan S/o.Kandappa Gounder
...Petitioner in WP.161119 to 16124/15
and 16126/2015 Palanisamy
...Petitioner in WP.16125/2015
Kasthuri
...Petitioner in WP.16127/2015
S.Yuvaraj
...Petitioner in WP.16128/2015
K.Sundaram
...Petitioner in WP.16129/2015
Vs 1 The Government of Tamilnadu Rep. by its Secretary to Government Revenue Department Fort St. George Chennai-600 009.
2 The District Collector Collectorate Compound Salem-636 001.
3 The Tahsildar Salem South Collectorate Compound Salem- 636 001.
4 The Executive Officer Elampillai Town Panchayat Salem District.
Respondents in all Wps.
Petitions filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records of the 4th respondent in his notice in Na.Ka.No. 387/2007 dated 10.02.2015 and in Na.Ka.No.387/2007 dated 14.05.2015 issued respectively under Sec.7 and 6 of the Tamil Nadu Land Encroachment Act 1905 and to quash the same in respect of the petitioner's property in Survey No.23/3
Elampillai Village in (i) D.No.7-1/74, (ii) D.No.7-1/95, (iii)D.No.71/76,(iv)D.No.7-1/75, (v)D.No.7-1/77, (vi) D.No.7-1/96, (vii)D.No.71/107, (viii) D.No.7-1/73, (ix)D.No.7-1/7113, (x)D.No.7-1/97, (xi) D.No.7-1/118 Pattapan Koil Street Elampillai Salem District respectively.
**** For petitioner ::
Mr. P. Jagadeesan For respondents ::
Mr. P.S. Shivashanmuga Sundaram, Spl.G.P for RR1 to 3 in all Wps M/s.M.E.Raniselvam, AGP for R4 in W.P.Nos.16120 to 16122 of 2015 Mr. Rm. Mutthu Kumar, GP for R4 in W.P.Nos.16126 to 16129 of 2015 COMMON ORDER (Order of the Court is made by SATISH K. AGNIHOTRI,J.) The petitioners, assailing the legality of notices dated 10-022015 and 14-05-2015 under Sections 7 and 6 of Tamil Nadu Land Encroachment Act, 1905 ( for short 'the Act' ) respectively, on the ground that they are the lawful owners of the properties in question and have been paying all statutory taxes and in possession of the properties for a long time and as such, the impugned notices are not maintainable, have come up with these writ petitions. 2.
We have heard the learned counsel for the petitioners, perused the pleadings and documents appended thereto. 3.
The notice under Section 7 of the Act was issued on 10-022015 calling upon the petitioners to place their case before the authorities. It appears that the petitioners have not taken any steps thereafter. Hence, the final notice under Section 6 of the Act, directing the petitioners to remove the encroachment was issued on 14-05-2015, which is also challenged in these writ petitions along with the notice issued under Section 7 of the Act. Inasmuch as the petitioners have not taken any steps in pursuance of either of the impugned notices issued under Section 7 and 6 of the Act, their contention that no opportunity of hearing was afforded to them, is noted to be rejected. The writ petitions are dismissed, accordingly. 4.
However, liberty is reserved to the petitioners to take recourse to appellate jurisdiction as provided under provisions of law. If, pursuant to the aforestated notices, no action for eviction has been taken, status quo as obtained today shall be maintained for a period of two weeks to enable the petitioners to file appeal as well as seek interim relief, as per law, if so advised.
5.
Costs made easy. The connected miscellaneous petitions are also dismissed.
Glp (sd)Assistant Registrar True copy Sub Assistant Registrar To 1 Secretary to Government Revenue Department Fort St. George Chennai-600 009.
2 The District Collector Collectorate Compound Salem-636 001.
3 The Tahsildar Salem South Collectorate Compound Salem- 636 001.
4 The Executive Officer Elampillai Town Panchayat Salem District + 2 ccs to Mr.P.Jagadeesan, Advocate SR 27356 + 1 cc to Govt.Pleader SR 27376 ku(co) prk10/6 W.P.No.16119 to 16129 of 2015