Mohammed Saleem v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.12.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P. No.21742 of 2019 Mohammed Saleem .. Petitioner v.
1.Government of Tamil Nadu, by its Secretary, Revenue Department, Secretariat, Chennai.
2.The District Collector, Salem.
3.The Belur Town Panchayat, Executive Officer, Belur-636 104, Valapadi Taluk, Salem District.
4.Indhumathi 5.Angamuthu 6.Ramesh 7.Jagadeesan 8.Sakthi 9.Vadivel 10.Balaji 11.Sakthivel 12.Arumugam 13.Anandan 14.Kamalam 15.Rajammal .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 15 on 1/4
the Natham Theatre East Street in Belur Village, S.F. No.373, Valapadi Taluk, Salem District by implementing the order passed by this Court in W.P. No.7212 of 2016 on 17.03.2016. For petitioner : Mr.S.Muthukrishnan For respondents: Mr.K.S.Suresh, Government Advocate for R1 to R3
ORDER
(Order of this Court was made by R.SUBBIAH,J.) The writ petition has been filed for mandamus directing respondents 1 to 3 to remove the encroachments made by respondents 4 to 15 on the Natham Theatre East Street in Belur Village, S.F. No.373, Valapadi Taluk, Salem District by implementing the order passed by this Court in W.P. No.7212 of 2016 on 17.03.2016.
2.Though very many contentions have been raised by the learned counsel appearing for the petitioners, ultimately the prayer of the petitioner is to remove the encroachments made by respondents 4 to 15 on the Natham Theatre East Street in Belur Village, S.F. No.373, Valapadi Taluk, Salem District. 3.Today, learned Government Advocate appearing for respondents 1 to 3 has filed a counter affidavit, in which it has been stated as follows:
'6.It is submitted that the impugned land in S.F.No.373, Valapady Taluk, Salem District is sub divided into 1.373/1 2.373/2 3.373/3 4.373/4 5.373/5 6.373/6 7.373/7 8.373/8 9.373/9 10.373/10 11.373/11 12.373/12 7.It is submitted that except S.No.373/1, which is classified as "Pathai" (pathway), all the other survey 2/4
numbers (i.e.) 373/2-373/12 were given patta. 8.It is necessary to state that the patta holders having houses located at the sides of the Natham pathai, had extended their houses and had encroached the street by constructions.
9.It is submitted that the said encroachers, viz., 1.Mrs.Indhumathi, D/o.Pattappan 2.Mr.Angamuthu,S/o.Periyasamy 3.Mr.Ramesh Kumar, S/o.Periyasamy 4.Mr.Sakthi and Jagadheesan 5.Mr.Vadivel So.Palani 6.Mr.Balaji S/o.Palanimuthu 7.Mr.Sakthivel S/o.Palanimuthu 8.Mr.Aarumugam 9.Mr.Anand S/o.Chinnappan 10.Mrs.Kamala W/o.Veeramuthu 11.Mrs.Rajammal W/o.Periyasamy 12.Mr.Balaj S/o.Palanimuthu 13.Mr.Senthil were issued with notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 01.11.2019.'
4.Since the above encroachers were issued with notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 01.11.2019 and after giving opportunity for the encroachers to reply to the said notice, notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was also issued on 22.11.2019 and that the respondents are proceeding with the removal of encroachment in accordance with law, the writ petition accordingly stands closed, recording the averments made in the counter affidavit. The respondents 1 to 3 are directed to complete the process preferably within twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vga 3/4
To 1.The Secretary, Government of Tamil Nadu, Revenue Department, Secretariat, Chennai.
2.The District Collector, Salem.
3.The Belur Town Panchayat, Executive Officer, Belur-636 104, Valapadi Taluk, Salem District.
+1cc to Mr.S.Muthukrishnan, Advocate sr.104158 +1cc to Government Pleader SR.NO. 104485 W.P. No.21742 of 2019 sr(co) nr 24/01/2020 4/4