P.Ramamoorthi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.12411 of 2025 P. Ramamoorthi Petitioner vs.
1.
The District Collector Coimbatore - 18 2.
The Thasildar Thaluka Office, Sirumugai Road Mettupalayam - 641 301 3.
The Village Administrative Officer Velliyankadu Coimbatore - 641 104 4.
The Assistant Engineer P.W.D. W.R.D.
Irrigation Section - Mahadevapuram Mettupalayam Coimbatore 641 301 5.
Sakthi 6.
Paapa and Maari 7.
Vellingiri and Bathma Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to take Page Nos.1/10
action to remove the encroachments on the waterways of P.W.D. areas in Coimbatore, Mettupalayam (Taluk), Velliyankadu Village Survey No.163 1A1, 1B2 made by respondents 5, 6 & encroachments in Coimbatore, Mettupalayam (Taluk), Velliyankadu Village, Mullai Nagar roads survey No.163 1B3, 2B1 made by respondent 7. For petitioner Mr. P. Ramamoorthi Party-in-person For RR 1 to 4 Mr. T.K. Saravanan Additional Government Pleader
ORDER
[made by M.SUNDAR, J.] Writ petitioner Thiru. P. Ramamoorthi, son of late Thiru.A.Prakalathan is before us (party-in-person). 2.
Writ petitioner submits that his house is located in 'Survey Nos.163 1A2 and 2A in Velliyankadu Village, Mettupalayam Taluk, Coimbatore District' (this land and superstructure thereon i.e., writ petitioner's house, shall be collectively referred to as 'writ petitioner's property' for the sake of convenience and clarity). Page Nos.2/10
3.
Thiru. Ramamoorthi, writ petitioner, who is before us, submits that there is encroachment in front of writ petitioner's property obstructing public path for the writ petitioner to reach the main road. It is also submitted by writ petitioner that RR 5 to 7 (private respondents) are the alleged encroachers. It is further submitted by writ petitioner that representations have been sent to official respondents but there has not been effective action and that has necessitated the captioned WP.
4.
Issue notice to official respondents.
5.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 4 (official respondents) and submits, on instructions, that it will be necessary to conduct a survey, ascertain if there is any encroachment and kickstart proceedings under appropriate / applicable law, if encroachment is found in the survey. Page Nos.3/10
6.
This Court finds that the legal perimeter within which the captioned WP should now perambulate stands vastly descoped. This Court also finds that adequate safety valve protecting / preserving the rights and contentions of private respondents (RR 5 to 7) can be put in. To put it differently, an order which does not touch upon the rights and contentions of RR 5 to 7, rather preserving the rights and contentions of RR 5 to 7 can be made to give a closure to the captioned WP. Therefore, notice to RR 5 to 7 is dispensed with and with the consent of writ petitioner and learned State Counsel for official respondents, captioned WP is taken up in the Admission Board, i.e., Motion List.
7.
Though writ petitioner has sent more than one representation, writ petitioner submitted that he predicates his plea in the captioned WP on a representation dated 20.09.2024 sent by him to R1 with copies marked to RR 2 and 3 and Public Works Department, Mettupalayam. A scanned reproduction of this representation dated 20.09.2024, as placed before us, is as follows: Page Nos.4/10
Page Nos.5/10
8.
Adverting to the writ affidavit and the prayer in the writ petition, writ petitioner submits that alleged encroachments by RR 5 and 6 on the one hand, and R7 on the other, are in 'Survey Nos.1631A1 and 1B2, and S.Nos. 163 1B3 and 2B1, respectively, in Velliankadu Village, Mettupalayam Taluk, Coimbatore District' (hereinafter 'said lands' for the sake convenience and clarity). 9.
In the light of the stated position of the learned State counsel, the following order is made:
i.
R2 (Tahsildar) shall conduct a survey of said lands after putting on notice the writ petitioner, private respondents (RR 5 to 7) as well as any other person who may be concerned with said lands. In other words, there shall be a joint survey. Learned State counsel submits that this joint survey will be conducted as expeditiously as the official business of R2 permits but in any event within four weeks from today, i.e., on or before 06.05.2025. This submission is recorded as an undertaking given to this Court. Page Nos.6/10
ii. R2 shall draw up a survey report (hereinafter 'said survey report' for the sake of convenience and clarity);
iii. In said survey report, if any encroachment is found, proceedings shall be initiated under appropriate/applicable statute;
iv. Initiation of proceedings under appropriate/applicable statute necessarily means putting on notice private respondents (RR 5 to 7) as well as any other alleged encroacher/s;
v. As already alluded to supra, when the private respondents and/or any other alleged encroacher/s are put on notice, all rights and contentions of the private respondents as well as any other alleged encroacher/s will stand preserved for responding to notice which gives an opportunity or when responding to a show cause notice when show caused, as the case may be;
vi. As we have put in adequate safety valve and as we have also preserved all the rights and contentions of private respondents and/or any other alleged encroacher/s, there is no impediment in taking up Page Nos.7/10
the captioned WP with the consent of writ petitioner and learned State Counsel, dispensing with notice to private respondents about which there is allusion at paragraph 6 supra.
vii.If encroachments are found in said survey report, action under appropriate/applicable statute shall be initiated within four weeks from 06.05.2025 i.e., on or before 03.06.2025; and viii.Thereafter, proceedings shall be continued on its own merits, in accordance with law and concluded by carrying the same to its logical end.
10.
Captioned WP stands disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S., J.) (K.G.T., J.) 08.04.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.8/10
To 1.
The District Collector Coimbatore 18 2.
The Thasildar Thaluka Office Sirumugai Road Mettupalayam 641 301 3.
The Village Administrative Officer Velliyankadu Coimbatore 641 104 4.
The Assistant Engineer P.W.D. W.R.D.
Irrigation Section Mahadevapuram Mettupalayam Coimbatore 641 301 Page Nos.9/10
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad 08.04.2025 Page Nos.10/10