R.Palanisamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2024 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR R.Palanisamy ... Petitioner vs
1. The District Collector Perambalur District Perambalur - 621 212
2. The Revenue Divisional Officer Perambalur - 621 212
3. The Tahsildar Alathur Taluk Perambalur District - 621 109
4. The Executive Engineer Water Resource Department Perambalur Irrigation Division Perambalur - 621 212
5. Murugesan S/o.Sengottaiyan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to direct the Respondents 1 to 4 to remove the encroachment made by the fifth respondent in the light of show-cause notice issued by the fourth respondent dated 03.10.2024 and subsequently secure the entire canal boundary with the permanent structure.
For Petitioner :
Mr.M.Subash For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R4
O R D E R
(Order of the Court was made by M.SUNDAR, J.) Captioned writ petition has been filed with a prayer seeking removal of alleged encroachment qua a water channel by R5 (private respondent).
2. Issue notice to official respondents i.e., R1 to R4.
3. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R4.
4. Learned State counsel points out that a show-cause notice under 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007' (hereinafter 'Tanks Act' for the sake of convenience and clarity) has already been issued. The show-cause notice has been signed by the Authority concerned on 03.10.2024 and a scanned reproduction of the same is as follows:
5. Learned State counsel submits that the procedure adumbrated in T.K.Shanmugam Full Bench judgment i.e., T.K.Shanmugam Vs. State of Tamil Nadu reported in 2015 (5) LW 397 will be followed. To be noted, the procedure to be followed has been laid down by this Court in paragraph 15 of T.K.Shanmugam, more particularly in sub-paragraph (f) and clauses (i), (ii) and (iii) therein, which read as follows: '15(f) We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under. (i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued.
(ii) On receipt of the said notice, the encroacher may give his/her objections relating to the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks.
(iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance with the provisions of the Act, giving time to the encroachers to remove the encroachment.'
6. This submission of learned State counsel is recorded. This means that all the rights and contentions of the alleged encroacher (R5) are preserved in this regard.
7. Recording the now obtaining stated position, captioned writ petition is disposed of as closed. There shall be no order as to costs. [M.S., J] [K.R.S., J] 25.11.2024 Index: Yes/No Speaking order/Non-speaking order gpa
To
1. The District Collector Perambalur District Perambalur - 621 212
2. The Revenue Divisional Officer Perambalur - 621 212
3. The Tahsildar Alathur Taluk Perambalur District - 621 109
4. The Executive Engineer Water Resource Department Perambalur Irrigation Division Perambalur - 621 212
M.SUNDAR,J., and K.RAJASEKAR, J., gpa 25.11.2024