R.Paramasivam v. The District Colelctor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P.No.28493 of 2004 R.Paramasivam ... Petitioner vs.

1.

The District Collector, Villupuram District, Villupuram.

The Tahsildar, Kallakurichi Taluk, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus, calling for the records relating to the order of the 2nd respondent in Na.Ka.No.A4/7190/03, dated 25.08.2004 and quash the same and direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the land in Survey No.552/2, measuring an extent of 1.16 acres situate at Pudhu Utchimedu Village, Kallakurichi Taluk, Villupuram District. For Petitioner :

Mr.S.Kamadevan For Respondents :

Mr.Akhil Akbar Ali, Government Advocate

O R D E R

The petitioner has come up with this Writ Petition seeking to quash the order dated 25.08.2004 passed by the 2nd respondent vide Na.Ka.No.A4/7190/03 and for a direction to the respondents not to interfere with his peaceful possession and enjoyment of the land in Survey No.552/2, measuring an extent of 1.16 acres situated at Pudhu Utchimedu Village, Kallakurichi Taluk, Villupuram District.

According to the petitioner, he is in possession and enjoyment of the land measuring an extent of 1 acre and 16 cents in RS.No.552/2, which is classified as poramboke land, for more than 30 years. It is his case that one Govindasamy, who is his adjacent land owner, interrupted with his peaceful enjoyment of the land and in that regard, the said Govindasamy filed a suit in O.S.No.540 of 1983 against the petitioner. The said suit was dismissed, but on the appeal filed by Govindasamy in A.S.No.65 of 1989 before the Sub-Court, Vridhachalam, the suit was decreed. However, the petitioner filed a Second Appeal in S.A.No.1191 of 2002 before this Court and the judgment and decree of the First Appellate Court was set aside and the suit stood dismissed. Thereafter, suppressing all the above facts, the said Govindasamy filed another suit in O.S.No.220 of 2003 and sought injunction against the petitioner from enjoying the said land. Though the District Munsif, originally granted an order of injunction, after going through the materials on record, dismissed the said application.

3.

In the counter filed by the 2nd respondent, it is stated that the petitioner has encroached an extent of 0.40.0 out of 0.48.0 Hectares in R.S.No.552/2 of Kongarayapalayam Village, which is classified as Kuttai Poramboke. He is a marginal Farmer, who is having 1.38.0 Hectares of Dry land in Patta No.1343 and 0.60.0 out of 1.78.0 Hectares Dry land in Patta No.1443 of Kongarayapalayam Village. Despite having above the patta lands, the petitioner has encroached Government Kuttai Poramboke and constructed a tiled house and a thatched shed, etc. Though the petitioner was instructed to vacate the encroachment, he never did so. Instead, he raised crops every year. Therefore, according to the 2nd respondent, as per Section 7 of the Tamil Nadu Land Encroachment Act, 1905, a notice was issued to the petitioner on 01.03.2005, but he refused to receive the same. Hence, the notice was served on the petitioner by the Revenue officials by means of affixture. 4.

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 5.

It is seen that pursuant to the interim order of this Court, dated 04.10.2004, the 2nd respondent has decided to proceed further by issuance of notice under Section 7 of the Tamil Nadu Land Encroachment Act. Hence, leaving the issues mentioned in the affidavit and the counter affidavit open, this Court directs the 2nd respondent to proceed further in accordance with law, as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No costs. Consequently, connected W.P.M.P.No.34603 of 2004 is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar aeb To 1.

The District Collector, Villupuram District, Villupuram.

The Tahsildar, Kallakurichi Taluk, Villupuram District.

+1cc to Mr.S.Kamadevan, Advocate Sr. 47791 +1cc to the Government Pleader, Sr.48654 Order in W.P.No.28493 of 2004 RK(CO) VR(03/08/2017)