Ramachandran, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.36707 of 2015 and M.P. Nos.1 & 2 of 2015 Ramachandran Petitioner Vs.
The State of Tamil Nadu represented by the Secretary Revenue Department Fort St. George Chennai 600 009 The District Collector Villupuram District Villupuram The District Revenue Officer Villupuram The Revenue Divisional Officer Kallakurichi The Block Development Officer Sankarapuram Panchayat Union Sankarapuram The Tahsildar Sankarapuram Villupuram District The President Thyagarajapuram Village Panchayat Thyagarajapuram Sankarapuram Taluk Villupuram District Pavadai Meena Kolanji Rayar
Mani Mariammal Karuppayi Pappathi Palaniammal Ganga Poomalai Jayalakshmi Senniammal Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.A7/48395/2007 dated 11.02.2008 and the consequential assignment order of the sixth respondent in Na.Ka.Ve.Ma.No.35/1417 Fasli dated 18.02.2008, quash the same and direct the respondents 1 to 6 to restore the paattai in S.No.120 in Thyagarajapuram Village, Sankarapuram Taluk, Villupuram District to its original state by removing the constructions in it, as per the representation of the petitioner dated 10.07.2015.
For petitioner Mrs. Hema Sampath, Sr. Counsel for M/s. R. Meenal For RR 1-4 & 6 Mr.P.S. Sivashanmugasundaram Special Government Pleader For RR 5 & 7 Mr. R. Rajendran Narasimhan
ORDER
(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for respondents 1 to 4 and 6. Mr. R. Rajendra Narasimhan, learned counsel, accepts notice for respondents 5 and 7. Notice to the private respondents is dispensed with at this stage, inasmuch as no adverse order is passed against them, in this writ petition. Thus, with the consent of the learned counsel for the petitioner, learned Special Government Pleader appearing for respondents 1 to 4 and 6 and the learned counsel for respondents 5 and 7, this writ petition is taken up for final disposal, at the admission stage itself.
The petitioner has come up with this writ petition seeking quashment of the assignment order dated 11 February 2008
on the ground that the assignment granted to the private respondents way back in February 2008 creates encroachment and obstruction in the free movement of the public, residing in and around the area in question.
So far as grant of assignment is concerned, that was done way back in February 2008. The assignees were permitted to continue on the assignment for a period of more than seven years. If, according to the petitioner, the assignment granted to the private respondents is not in accordance with law, remedy of appeal is available and as such, we are not inclined to interfere with the assignment order, at this stage. The learned Senior Counsel appearing for the petitioner submits that the assignees are expanding the area allotted to them, for which, a representation was made to the authorities. However, no heed was paid to that representation.
On a perusal of the representation annexed in the typed set of papers, it appears that the main grievance in the representation was cancellation of assignment, which could not have been done at the instance of the petitioner, when the assignment was granted way back in February 2008, presumably, in accordance with law. However, if a fresh representation is made to ensure that assignees are not expanding the area allotted to them and creating nuisance, the authorities are directed to examine the same and take necessary consequential action in accordance with law, to ensure that the assignees confine their occupancy only to the area assigned to them. Needless to state that the alleged encroachers shall be granted an opportunity of hearing before taking any coercive action, if need be.
The writ petition stands disposed of with the above direction and observation. Costs made easy. Connected Miscellaneous Petitions are closed.
Sd/ ASSISTANT REGISTRAR(CS-VII) /TRUE COPY/ SUB-ASSISTANT REGISTRAR cad
To The Secretary Government of Tamil Nadu Revenue Department Fort St. George Chennai 600 009 The District Collector Villupuram District Villupuram The District Revenue Officer Villupuram The Revenue Divisional Officer Kallakurichi The Block Development Officer Sankarapuram Panchayat Union Sankarapuram The Tahsildar Sankarapuram Villupuram District The President Thyagarajapuram Village Panchayat Thyagarajapuram Sankarapuram Taluk Villupuram District +1 CC to MR.R. Meenal Advocate. SR.NO. 62878 +1 CC to Govt.Pleader. SR.NO. 62901 W.P. No.36707 of 2015 CO-BVR JD 07/12/2015