Kalyani, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.07.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.Nos.18032 & 18033/2017and W.M.P.Nos.19596&19597/2017 Kalyani ..

Petitioner in W.P.No.18032/2017 K.Mahavishnu ..

Petitioner in W.P.No.18033/2017

Versus

1.The District Collector, Erode, 2.The Tashildar, Tashildar Office, 3.The Special Officer/Block Development Officer(Ki.Uo) 4.The Executive Officer, ..

Respondents in both petitions COMMON PRAYER:- Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent on 01.07.2017 in Na.Ka.No.4953/2017/U1 and quash the same and consequentially forbear the respondents, their officers, subordinates, employees, agents or any other persons claiming or acting under them from in any manner interfering with the peaceful possession and enjoyment of the petitioners' from Grama Natham lands in R.S.Nos.1887/6A and 1887/20, Anthiyur A Village, Anthiyur Taluk, Erode District.

For Petitioners in both WPs :Mr.A.Sundaravadhanan For Respondents in both WPs :Mr.A.N.Thambidurai, Spl.GP COMMON ORDER By consent, the writ petition is taken up for final disposal.

The petitioner on an earlier occasion filed W.P.No.5040/2017, prays for issuance of writ of Certiorarified Mandamus to quash the proceedings of the Tahsildar, Anthiyur Taluk, Erode District dated 20.02.2017 and the consequential order of the Special Officer/Block Development Officer (Ki.Uo), Erode District, dated 23.02.2017. The Division Bench of this Court, vide order dated 01.03.2017, in the writ petition filed by the petitioner along with two other writ petitioner viz., Kalyani and Kailasam, had permitted them to invoke Appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. Accordingly, they filed an appeal before the 1st respondent and vide proceedings dated 01.07.2017, the Appeal was dismissed and challenging the legality of the same, the present writ petition is filed.

Mr.A.Sundaravadhanan, learned counsel appearing for the petitioners would submit that the lands in question is classified as Grama Natham 'Pothu Pathai' and as such, the provision of the Tamil Nadu Land Encroachment Act,1905 have no application and the said material fact has been completely overlooked and therefore, prays for interference. Per contra, Mr.A.N.Thambidurai, Special Government Pleader, learned counsel appearing for the respondents 1 to 3 would submit that since, the petitioner have an effective alternate remedy to file an Appeal before the Commission of Land Administration, Chennai-5, under Section 10-A of the said Act, the present writ petition is not maintainable. In response to the said submissions, learned counsel appearing for the petitioners would submit that since, the petitioners apprehend dispossession, prays that some interim direction can be granted to the petitioners till they file a Revision before the said Revision Authority.

This Court has considered the rival submissions and also peruse the materials placed before it.

In the light of the effective alternate remedy available to the petitioner under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905, this Court grants liberty to the petitioner to file a revision before the Commission of Land Administration, Chennai-5, within a period of four weeks from the date of receipt of copy of the Order and it is also open to the petitioner to file a petition for Stay under Section 10-B of the said Act and till the filing of the Revision Petition along with the petition for stay, the respondents shall defer further proceedings in terms of the impugned order of the 1st respondent dated 01.07.2017. The Revision Authority viz.

, the Commission of Land Administration may entertain the revision, if the papers are otherwise in order and further take up the petition for stay or revision and dispose of the same in accordance with law as expeditiously as possible within a period of ten weeks thereafter and communicate the decision taken to the petitioner. In the result, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar sk To 1.The District Collector, Erode, 2.The Tashildar, Tashildar Office, 3.The Special Officer/Block Development Officer(Ki.Uo)

4.The Executive Officer, +1cc to Government Pleader sr.49677 +1cc to M/s.A.Sundaravadhnan,Advocate sr.49303 WP.Nos.18032 & 18033/2017 and W.M.P.Nos.19596&19597/2017 lp(co) ss(17/7/2017)