Madras High CourtWP/25777/2016disposed of

Thangavel v. The State Rep By The

2016-09-07Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 7.9.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.25777 of 2016 and W.M.P.No.22091 of 2016 Thangavel ... Petitioner

Versus

1 The State Rep by the Secretary Revenue Department Fort St. George Chennai-600 009.

2 The Commissioner of Land Administration Chepauk Chennai-600 005.

3 The District Collector Salem Salem District 4 The Revenue Divisional Officer Sankari Taluk Salem District 5 The Tahsildar Sankari Taluk Salem District 6 The Revenue Inspector Thevoor Sankari Taluk Salem District 7 The Inspector of Police Sankari Taluk Salem District ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to handover the possession of land in S.No.96/15 of an extent of 0.40.0 Ares situate at Konaripatti Agraharam Village, Sankari Taluk, Salem District to the petitioner and consequently direct the respondents to pay a sum

of Rs.5,00,000/- as compensation to the petitioner for illegal action of the State.

For petitioner : Mr.M.Elango For Respondents : Ms.Vasudha Thiyagarajan, AGP

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the petitioner and Ms.Vasantha Thiyagarajan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

2. The writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to handover the possession of land in S.No.96/15 of an extent of 0.40.0 Ares situate at Konaripatti Agraharam Village, Sankari Taluk, Salem District to the petitioner and consequently direct the respondents to pay a sum of Rs.5,00,000/- as compensation to the petitioner for illegal action of the State.

3. The case of the petitioner is that he has been in possession of the land in question for over five decades and now he is facing the eviction proceedings at the hands of the respondent-authorities. According to the petitioner, a stream is running through his land and the lands of his neighbours an attempts are being made by the respondent-authorities to convert it as pathway by evicting the writ petitioner and a civil suit filed by himself and his neighbours is still pending with an interim order having been granted in favour of the writ petitioner and others. It is also the case of the writ petitioner that as against the eviction notice served on him, he had filed an appeal before the District Collector, however, the same was rejected on 8.6.2016 and the same was communicated to him on 16.6.2016, but, in the meantime, the respondents 3 to 7 had entered into his land and removed the encroachments, especially when there is a provision for revision is available to him.

4. Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the petitioner to file a revision before the Commissioner of Land Administration under section 10A of the Tamil Nadu Land Encroachment Act, 1905 within fifteen days from today and till then, status quo shall be maintained by the parties and the

Commissioner of Land Administration shall pass orders on the revision that would be filed by the petitioner, within a period of one month thereafter, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To:

1 The Secretary Revenue Department Fort St. George Chennai-600 009.

2 The Commissioner of Land Administration Chepauk Chennai-600 005.