Thattiyampatti Village Panchayat v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI Thattiyampatti Village Panchayat represented by its President K. Jayasudha Panchayat Office Omalur Panchayat Union Kamalapuram Post Kadaiyampatti Taluk Salem District Petitioner vs.

1.

The District Collector Salem District The Sub Collector Sub-Collector Office Mettur Dam - 1 Salem District The Tahsildar Kadaiyampatti Taluk Salem District The Block Development Officer (Village Panchayat) Omalur Panchayat Union Office of the BDO Omalur Panchayat Union - Omalur Omalur Post and Taluk Salem District Page Nos.1/6

5.

Muthusamy 6.

Kuppammal Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to remove the encroachment and illegal construction made by respondents 5 and 6 in the "Grama Natham land" comprised in New Survey No.78/2 of Thattiyampatti Village, Kadaiyampatti Taluk, Salem District, to an extent of 10 cents.

For petitioner Mr. S. Doraiswamy along with Mr. V. Elangovan For RR 1 - 3 Mr. T.K. Saravanan Additional Government Pleader For R4 Mr. V. Jeevagiridharan Additional Government Pleader

ORDER

[made by M.SUNDAR, J.] Subject matter of captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) is 'land comprised in new Survey No.78/2 in Thattiyampatti Village, Kadaiyampatti Taluk, Salem District' (hereinafter 'said land' for the sake of convenience and clarity). Page Nos.2/6

Mr. S. Doraiswamy, learned counsel on record for writ petitioner, along with Mr. V. Elangovan, who is before this Court, submits that said land has been classified as 'Grama Natham', RR 5 and 6 have encroached upon said land, repeated requests to official respondents are in vain and that has necessitated the captioned WP. Issue notice to official respondents.

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 3 and Mr. V. Jeevagiridharan, learned Additional Government Pleader, accepts notice for R4. 5.

Both learned State counsel, on instructions, submit that survey of said land is to be conducted, same is on the anvil and in the survey, if any encroachment is found, action will be commenced and concluded against the encroachers, be it RR 5 and 6 and/or any other person/s or entity/ies after they being duly show caused, in accordance with law vide the statute under which action is initiated. Page Nos.3/6

6.

In the light of the stated position of the learned State counsel, the scope of the captioned WP has considerably narrowed down and we also are acutely conscious that the private respondents (RR 5 & 6) are not before this Court but their rights and contentions will stand preserved when show caused. Therefore, there is no impediment in taking up the captioned WP for hearing with the consent of learned State counsel and learned counsel for writ petitioner. We do so.

7.

In the light of the narrative thus far, we are of the considered view that it will suffice if the stated position of learned State counsel (captured in paragraph 5 supra,) is recorded to give a closure to the captioned WP. We do so.

8.

Let survey followed by action for removal of encroachment by show causing private respondents (RR 5 & 5) and/or any other encroacher (obviously, only if encroachment is found in the survey) be commenced and concluded as expeditiously as the business of the official respondents would permit. At the time of survey, let Ms.K.Jayasudha, wife of Mr. Karumalai, who has filed the captioned WP Page Nos.4/6

in her capacity as erstwhile President of Village Panchayat be put on notice and let survey be conducted in the presence of writ petitioner as well as private respondents (RR 5 & 6).

9.

Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (K.G.T., J.) 13.02.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.5/6

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad To 1.

The District Collector Salem District The Sub Collector Sub Collector Office Mettur Dam - 1 Salem District The Tahsildar Kadaiyampatti Taluk Salem District The Block Development Officer (Village Panchayat) Omalur Panchayat Union Office of the BDO Omalur Panchayat Union - Omalur Omalur Post and Taluk Salem District 13.02.2025 Page Nos.6/6