S.Shivaprakasam v. The District Collector-Cum-
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.25056 of 2016 and WMP.No.21478 of 2016 S.Shivaprakasam
...Petitioner
Vs.
1.The District Collector-cum-Inspector of Panchayats, Thiruvallur District, Collectorate, Master Plan Complex, Tiruttani Road, Thiruvallur - 602 001.
2.The President, Ramalingapuram Village Panchayat, Pennalurpet Village, Pennalurpet Post, Oothukottai Taluk, Thiruvallur District - 560 043. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to remove the encroachment put up on the petitioner's patta land comprised in Survey No.244/2B situated in Pennalurpet Village, Ramalingapuram Village Panchayat, Thiruvallur District and initiate appropriate action upon the second respondent herein.
For Petitioner : Mr.P.Rajkumar Pandian For R1 : Mrs.A.Srijayanthi, SGP For R2 : Mr.R.Govindasamy, SGP
ORDER
(Order of the Court was made by HULUVADI G. RAMESH,J.) Mrs.A.Srijayanthi, learned Special Government Pleader accepts notice for the first respondent and Mr.R.Govindasamy, learned Special Government Pleader accepts notice for the second
respondent. With the consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner has filed this Writ Petition seeking a Writ of Mandamus to direct the first respondent to remove the encroachment put up on his patta land comprised in Survey No.244/2B situated in Pennalurpet Village, Ramalingapuram Village Panchayat, Thiruvallur District and initiate appropriate action upon the second respondent herein.
3. The case of the petitioner is that in the year 2008, he purchased a vacant land measuring about 3.83 acres comprised in S.No.244/2B situated in Pennalurpet Village, Ramalingapuram Village Panchayat, Uthukottai Taluk, Tiruvallur District and he possessed all the revenue records pertaining to the said property. While so, he came to know that on 20.08.2015, one Purushothama Naidu, who is the father of K.Vasantha/President of the Village Panchayat, had trespassed into the petitioner's patta land with JCB and road rollers and made some works for laying road. Hence, the petitioner issued a notice dated 22.08.2015 to the second respondent, who in turn, sent a reply notice dated 03.09.2015 with vague and baseless allegations. Thereafter, he approached the second respondent on 16.03.
2016 with a request to remove the road put up on his land, which was not considered. Therefore, he sent a representation dated 21.03.2016 to the first respondent to take necessary action to remove the encroachment on his patta land. Finding no response on his representation, the petitioner has approached this Court with the present writ petition for the above stated relief.
4. Learned counsel for the petitioner submits that the second respondent by misusing her official capacity, has made encroachment on the petitioner's patta land. Despite several attempts made by the petitioner, the second respondent has not cleared the same. Therefore, the petitioner has made a representation to the first respondent, requesting to remove the encroachment made on his patta land and the same is pending without any progress.
5. Per contra, learned counsel appearing for respondents 1 and 2 submit that the property in question is belonging to the Panchayat and the petitioner has no right over the same.
6. Be that as it may, we direct the petitioner to approach the first respondent/District Collector with a fresh representation along with a copy of this order within a period of one month from the date of receipt of a copy of this order. On such approach, the first respondent is directed to consider the same by examining the situation and pass appropriate orders in accordance with law, after providing an opportunity of
personal hearing to the petitioner as well as to the second respondent within a period of two months thereafter. If the first respondent takes a decision that it is a private dispute between the petitioner and Panchayat, the petitioner is at liberty to approach the Civil Court concerned and get appropriate orders in accordance with law.
7. Accordingly, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The District Collector-cum-Inspector of Panchayats, Thiruvallur District, Collectorate, Master Plan Complex, Tiruttani Road, Thiruvallur - 602 001.
2.The President, Ramalingapuram Village Panchayat, Pennalurpet Village, Pennalurpet Post, Oothukottai Taluk, Thiruvallur District - 560 043.
+1cc to Mr.R.Govindasamy, Advocate Sr.41002 W.P.No.25056 of 2016 ad[co] srg 02/08/2016