Tharani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NO.27054 OF 2021 AND W.M.P.NOS.28516 & 28517 OF 2021 Tharani ... Petitioner .Vs.
1. The District Collector, Dharmapuri, Dharmapuri District.
2. The Tahsildar, Nallampalli Taluk, Dharmapuri District.
3. The Revenue Inspector, Nallampalli Taluk, Dharmapuri District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus call for the records pertaining to the proceedings of the 2nd respondent dated 24.11.2021 and to quash the same as illegal, incompetent and ultravires and consequently directing the respondents not to vacate the petitioner from S.No.439/2 measuring an extent of Acre 0.01 cents, A.Jettihalli Village, Nallampalli Taluk and Dharmapuri District.
For petitioner :
Mr.V.Sakkarapani For respondents : Mr.V.P.R.Elamparithi Additional Government Pleader
ORDER
(Order of the Court was made by K.KALYANASUNDARAM, J.,) We have heard Mr.V.Sakkarapani, learned counsel for the petitioner and Mr.V.P.R.Elamparithi, learned Additional Government Pleader appearing for the respondents.
2. By consent, this writ petition is taken up for final disposal at the admission itself.
3. This writ petition has been filed for issuance of writ of certiorarified mandamus, to quash the order of the 2nd respondent dated 24.11.2021 passed under Section 6 of the Tamil Nadu Land Encroachment Act and consequently direct the respondents not to vacate the petitioner from S.No.439/2 in A.Jettihalli Village, Nallampalli Taluk and Dharmapuri District.
4. The learned counsel for the petitioner would submit that the petitioner has constructed a building in plot No.90, which was purchased by her husband-Purushothaman, vide sale deed dated 13.09.2000. According to the learned counsel, petitioner has not encroached any of the land belongs to the Government.
5. Per contra, the learned Additional Government Pleader appearing for the respondents would state that there were totally 11 encroachers, except the petitioner others have removed their encroachment. It is also stated that the petitioner is having a statutory remedy of appeal under Section 10 of the Land Encroachment Act.
6. This writ petition has been filed to set aside the order of the 2nd respondent, wherein it is stated that the petitioner has encroached in the land in Survey No.439/2 measuring to an extent of 0.01 cents. As rightly pointed out by the learned Additional Government Pleader, the petitioner instead of availing alternative remedy, filed this writ petition. Hence, we direct the petitioner to file an appeal before the 1st respondent, within a period of three weeks from today. If an appeal is filed in time, the 1st respondent shall entertain and dispose of the same on merits and in accordance with law, after providing personal hearing of the petitioner. Till such time, no coercive action shall be taken.
7. Accordingly, this writ petition is disposed of. It is needless to state that if the petitioner fails to prefer appeal as directed by this Court, the respondents are at liberty to take further action to remove the encroachment. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Jer To 1.
The District Collector, Dharmapuri, Dharmapuri District.
2.
The Tahsildar, Nallampalli Taluk, Dharmapuri District.
3.
The Revenue Inspector, Nallampalli Taluk, Dharmapuri District.
Copy To:- The Section Officer, E.R. Section (Records), High Court, Madras.
W.P.NO.27054 OF 2021 AND W.M.P.NOS.28516 & 28517 OF 2021 AK-II(CO) PBS/20/01/2022