S.P.Thangavelu, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:31.01.2018 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN W.P.No.1989 of 2018 and W.M.P. No.2501 of 2018 S.P.Thangavelu .. Petitioner Vs.
1. The District Collector, Salem District at Salem
2. The Revenue Divisional Officer, Mettur Division, Mettur, Salem District
3. Tahsildar, Omalur Taluk, Omalur, Salem District
4. The Executive Officer, Tharamangalam Town Panchayat, Tharamangalam, Salem District
5. M.Ganesan ..Respondents Prayer: Writ Petition filed under Article 226 Constitution of India for issuance of Writ of Mandamus by directing the 1st Respondent to consider and pass orders on the Appeal and Stay Petitions dated 06.01.2018, sent on 08.01.2018, filed as against the orders passed by the 4th Respondent in Na.Ka.No.499/2017/A1 dated 18.12.2017, within the time fixed by this Court. For Petitioner : Mr.K.Premkumar For Respondents : Mr.M.Lalitha for R1 to R3 Government Advocate Mr.M.Venkatachalam for R4 Additional Government Pleader
O R D E R
[Order of the Court was made by M.VENUGOPAL, J.] Heard the Learned Counsel for the Petitioner, Learned Government Advocate for the Respondent Nos. 1 to 3 and Learned Additional Government Pleader for Respondent No.4.
2. To avoid an avoidable delay, notice to the 5th Respondent is dispensed with. Further, no prejudice will be caused to the 5th Respondent because of the fact that this Court in disposing of the present Writ Petition by directing the 1st Respondent / the District Collector, Salem District, Salem to hear the 5th Respondent herein, also, to issue notice to him and hear his objections, at the time of disposing of the pending Appeal. As such, it is lucidly made quite clear that no adverse findings are rendered either against the Petitioner or against the 5th Respondent in the Writ Petition.
3. According to the Petitioner, 5th Respondent had filed a Writ Petition before this Court under the Caption 'Public Interest Litigation' seeking issuance of a direction by this Court to the Respondents 1 to 3 therein to demolish the construction of marriage hall and to remove the encroachment made by the 4th and 5th Respondents in respect of Government Poramboke Land situated in Old Survey No.171/2 (New S.No.333 Sub Division Nos.13 and 14) in Tharamangalam Village, Salem District and to restore the land to its original position.
4. It comes to be known that in W.P.No.9078 of 2017 filed by the 5th Respondent [Ganesan], this Court on 17.04.2017 had passed the following order:
" 2. It is seen from the records that the writ petitioner has sent a representation to various officials. The representation sent to the second respondent / Tahsildar, Omalur is dated 22.11.2016 and is found at page no.19 of the typed set of papers, but no acknowledgment from the second respondent has been filed.
3. Therefore, the writ petitioner shall re-submit a copy of the said representation to the second respondent / Tahsildar, Omalur along with a copy of this order within a period of fifteen days from the date of receipt of a copy of this order.
4. Thereafter, the second respondent / Tahsildar, Omalur shall cause an inspection to b made of the said site and if any encroachment is found, shall take action in accordance with law after putting all
concerned to notice, particularly the private respondents 4 and herein who are alleged to be the encroachers, according to the writ petitioner and conclude the proceedings within a period of two (2) months from the date of receipt of such representation"
5. It transpires that the Present Writ Petitioner made a representation before the Respondents on .05.2017 stating that the Well, which was originally situated in the land comprised in New Survey No.333, Old Survey No.171/2, Tharamangalam Village, belongs to his family and it is not a public well. Once again on 29.07.2017, he again made a representation before the Respondents seeking issuance of notice of hearing to him before passing the orders of eviction. However, on 18.12.2017, the 4th Respondent has passed an order stating that as per reports of 2nd and 3rd Respondents, the Petitioner is to voluntarily demolish the building comprised in Survey No.333/13 and 14 of Tharamangalam village. As against the said order dated 18.12.
2017 passed by the 4th Respondent, the Petitioner has preferred an Appeal and Stay Petition under Section 10 of the Tamilnadu Encroachment Act, 1905 (Act III of 1905) before the 1st Respondent and it comes to be known that the Appeal papers were sent by post on 08.01.2018. Since the 3rd Respondent is purportedly threatening to evict the Petitioner forcibly without waiting for the pending statutory appeal on the file of the 1st Respondent, the Petitioner has filed the present Writ Petition.
6. It is not in dispute that the Appeal preferred by the present Writ Petitioner (together with the Stay Petition) is pending on the file of the 1st Respondent / District Collector, Salem District. The factum of the Petitioner preferring an Appeal with the Miscellaneous Petition of Stay are not disputed.
Therefore, this Court, in the interest of justice, equity, and fair play, at this stage, simpliciter, without traversing upon the merits of the contents of the Appeal preferred by the Writ Petitioner, deems it fit and proper to direct the 1st Respondent / District Collector, Salem District to look into the Appeal preferred by the Petitioner within a period of one week from the date of a receipt of copy of this order and thereafter, the 1st Respondent / District Collector, Salem is directed to pass a reasoned speaking order on merits, of course, after providing notice to the 5th Respondent / Complainant and others concerned, if any after adverting to both the factual and legal points raised by the Petitioner in the Appeal Petition.
In any event, the 1st Respondent / the District Collector, Salem District is directed to pass final orders in the subject matter in issue within a period of four weeks thereafter.
7.It is needless for this Court to make a significant mention that the 1st Respondent / District Collector, Salem District, Salem is directed to pass final orders in the subject matter in issue in an unbiased, free, just and dispassionate manner, without influencing with any of the observations made by this Court, if any, in the present Writ Petition. Till the passing of final orders by the 1st Respondent / the District Collector, Salem, within the time adumbrated by this Court as aforestated, the Petitioner shall not be disturbed or evicted from the subject land in question by any one. With the aforesaid observation, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
s/d- Assistant Registrar(CS IX) True Copy Sub-Assistant Registrar ssd To 1.The District Collector, Salem District at Salem
2. The Revenue Divisional Officer, Mettur Division, Mettur, Salem District
3. Tahsildar, Omalur Taluk, Omalur, Salem District
4. The Executive Officer, Tharamangalam Town Panchayat, Tharamangalam, Salem District +1 CC to Mr.K. Premkumar, Advocate sr 7183.
+1 CC to Mr.D. Venkatachalam, Advocate sr 7264. +1 CC to Govt. Pleader sr 7465.
W.P.No.1989 of 2018 and WMP No.2501 of 2018 SP(15/02/2018)