Gurusamipalayam Sengundar v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.07.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.20488 of 2015 Gurusamipalayam Sengundar Samudaya Koodam, rep. By its President, D. Thirunavukarasu, Pavadi Street, Gurusamipalayam (P.O.), Rasipuram (TK) Namakkal District 637 403.
...Petitioner
vs.
1 The District Collector, Collectorate, Namakkal District.
2 The Commissioner of Land Administration, Cheppakkam, Chennai-5 3 The Tahsildar, Taluk Office, Rasipuram, Namakkal District. 4 The Superintendent of Police, Namakkal District.
5 The Executive Officer, Pillanallur Town Panchayat, Rasipuram, Namakkal District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing the 1st respondent not to remove the petitioner property situated in Survey No.93/2 spread over 1.64.5 Hectares' acres 29, Pillanallur Village, Rasipuram
Taluk, Namakkal District from the peaceful possession in accordance with law.
For petitioner :
Mr. K. Ramesh For respondents :
Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R1 to R4 Mr. S.V. Durai Solaimalai - R5
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of both parties, the writ petition is taken up for final disposal, at the admission stage itself.
2. The petitioner, claiming to be the President of Gurusamipalayam Sengundar Samudaya Koodam, without assailing any particular order, has come up with this writ petition seeking a direction forbearing the first respondent from removing his property situated in Survey No.93/2 spread over 1.64.5 Hectares' acres 29, Pillanallur Village, Rasipuram Taluk, Namakkal District from his peaceful possession.
3. According to the learned counsel for the petitioner, the petitioner is a lawful owner of the property in question and the same has been purchased on 26.08.1930 for a valid consideration. The building is engaged in providing space for several purposes as community hall and as such, the same may be protected.
4. On a perusal of the pleadings and documents appended thereto, it is seen that the petitioner was served with a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, on 13th April, 2015. The petitioner has made a representation in response thereto on 27th April, 2015. It further transpires that, pursuant to the said representation, no action has been taken by the authorities, as yet. Nonetheless, the petitioner has come up with this petition seeking a purported direction forbearing the first respondent from removing the aforestated building, under the mistaken apprehension that consequential order may be passed on the basis of the representation dated 27th April, 2015.
5. In such view of the matter, without expressing any opinion on the merits of the case, as the statutory procedural requirement has been complied with and notice has been issued to the petitioner and also reply/representation has been filed by the petitioner, the authorities are directed to examine the said
reply/representation and pass appropriate orders on merits and in accordance with law and take consequential action if need be, within a period of two weeks from the date of receipt of a copy of this order. Needless to that the authorities shall not take any consequential action before passing proper orders on the petitioner's reply/representation.
6. With the above observation and direction, this writ petition is disposed of. Connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ra To 1 The District Collector, Collectorate, Namakkal District.
2 The Commissioner of Land Administration, Cheppakkam, Chennai-5 3 The Tahsildar, Taluk Office, Rasipuram, Namakkal District. 4 The Superintendent of Police, Namakkal District.
5 The Executive Officer, Pillanallur Town Panchayat, Rasipuram, Namakkal District.
1 CC to Mr. K. Ramesh, Advocate SR.No. 34885 1 CC to the Government Pleader, SR.No. 35020 W.P. No.20488 of 2015 MG (CO) PSI (24.07.2015)