Prema Ramakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2024
CORAM:
THE HON'BLE MR. JUSTICE M. SUNDAR AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Prema Ramakrishnan Petitioner vs.
1.
The District Collector Salem District, Salem 2.
The District Revenue Officer Suramangalam Salem District 3.
The Tahsildar Tahsildar Office Kannankurichi Main Road Gurukkal Colony Manakadu, Salem District - 636 007 4.
The Block Development Officer Gajjalnaickenpatti - Seshanchavadi Road Panamarathupatti Salem District - 636 204 5.
The Executive Officer Panamarathupatti Town Panchayat Office H 586 + 8 VP, Gajjalnaickenpatti Seshanchavadi Road Panamarathupatti Salem District - 636 204 6.
The Village Administrative Officer Nilavarapatti - Dasanayakanpatti Salem District - 636 201 7.
Adhi Respondents 1/10
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 4 and 5 to remove the encroachment made by the seventh respondent in 31' public road in front of and opposite to the petitioner's property situated at bearing Plot No.3A, comprised in Survey No.7/3, Patta No.123, Sri Sowdambiga Nagar Annexe, Nilavarapatti Village, Salem Taluk, Salem District and to retrieve the public road from the clutches of the seventh respondent pursuant to the letter dated 07.11.2024 issued by the third respondent to the fourth respondent.
For petitioner Mr. G.V. Giridharan For RR 1,2,3 & 6 Mr. M.S. Arasakumar Government Advocate For RR 4 & 5 Mr. S. Ravikumar Special Government Pleader
ORDER
(made by M. SUNDAR, J.) This is the second round of litigation in this Court. The first round is vide W.P. No.17548 of 2024 filed by the same writ petitioner (Prema Ramakrishnan) which came to be disposed of by another Hon'ble Division Bench in and by order dated 05.07.2024 which reads as follows:
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'The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 4 to consider and dispose of the petitioner-s representation dated 30.1.2024 and to remove the illegal encroachment made by the fifth respondent in 31 feet public road in front of the petitioner-s Plot No.3A, comprising in Survey No.7/3, Patta No.123, Sri Sowdambiga Nagar Annexure, Nilavarapatti Village, Salem Taluk, Salem District and retrieve the said public road.
2. Mr.Habeeb Rahman, learned Government Advocate, who accepts notice on behalf of respondents 1 to 4, on instructions, submits that the respondent authorities shall pass orders on the representation of the petitioner dated 30.1.2024 on merits and in accordance with law, after affording opportunity to all concerned. 3.
Recording the submission made by learned Government Advocate and without expressing any opinion on the merits of the matter, the writ petition is disposed of by directing the respondent authorities to consider the representation of the petitioner dated 30.1.2024 and pass orders on merits and in accordance with law, of course after affording reasonable opportunity to all the interested parties, including the fifth respondent within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.'
3/10
2.
Learned counsel for writ petitioner submits that the matter has not moved forward at a desired pace and that has necessitated the captioned WP.
3.
Ideally, the writ petitioner can resort to contempt jurisdiction as Hon'ble Division Bench, in the earlier order dated 05.07.2024, has clearly fixed a time frame and has capped it at eight weeks from the date of receipt of a copy of the order. Be that as it may, with the intention of ascertaining present position, we deem it appropriate to issue notice to official respondents, i.e., RR 1 to 6. 4.
Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for RR 1,2,3 and 6. Mr. S. Ravikumar, learned Special Government Pleader, accepts notice for RR 4 and 5. 5.
The learned State counsel (State counsel in plural) draw our attention to proceedings of R3 (Tahsildar) dated 07.11.2024 bearing Na.Ka No.0373/2024/A2 which reads as follows: 4/10
5/10
6.
Learned State counsel for R4 submits that R4 would now resort to Section 131(2) of 'the Tamil Nadu Panchayats Act, 1994 (Act 21 of 1994)' (for the sake of brevity 'TN Panchayats Act'). 6/10
7.
In the light of the stated position of learned State counsel for R4, we find that the alleged encroacher (R7 - Adhi) and / or any other encroacher(s) has/have to be show caused. To be noted, this Court has repeatedly held that said 1905 Act is a self-contained Code. The reason inter alia is that there is a provision to have the alleged encroacher show caused under Section 7 of said 1905 Act followed by an order (considering the cause shown). The order under Section 6 is appealable under Section 10 (District Collector is the appellate authority) and there is a provision for further revision to the Government under Section 10-A [Section 10-A(3) to be precise] of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Therefore, said 1905 Act is a self-contained Code in every sense of the expression. 8.
As R7 and/or any other encroacher(s) has/have to be put on notice/show caused, we deem it appropriate to take up the captioned WP in the Admission Board itself.
9.
In the light of the narrative thus far, this Bench is of the view that it will suffice to record the stated position of the learned State counsel for R4 and dispose of the captioned WP. We do so. 7/10
10.
Ergo, the sequitur is captioned WP is disposed of as closed recording the stated position of the learned State counsel for R4. We make it clear that we have not expressed any view or opinion on the merits of the matter as rights of noticees/alleged encroachers remain preserved. There shall be no order as to costs. (M.S., J.) (K.R.S., J.) 19.12.2024 Index : Yes/No NC : Yes/No cad 8/10
To:
1.
The District Collector Salem District, Salem 2.
The District Revenue Officer Suramangalam Salem District 3.
The Tahsildar Tahsildar Office Kannankurichi Main Road Gurukkal Colony Manakadu, Salem District - 636 007 4.
The Block Development Officer Gajjalnaickenpatti - Seshanchavadi Road Panamarathupatti Salem District - 636 204 5.
The Executive Officer Panamarathupatti Town Panchayat Office H 586 + 8 VP, Gajjalnaickenpatti Seshanchavadi Road Panamarathupatti Salem District - 636 204 6.
The Village Administrative Officer Nilavarapatti - Dasanayakanpatti Salem District - 636 201 9/10
M. SUNDAR, J.
and K. RAJASEKAR, J.
cad 19.12.2024 10/10