K.Murugesan v. Govt Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2019 CORAM :

THE HON'BLE DR.VINEET KOTHARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.29658 of 2018 and W.P.Nos.26240 and 26498 of 2019 W.P.No.29658 of 2018:

K.Murugesan .. Petitioner Vs 1 Government of Tamil Nadu Rep. by its Secretary to Government Fort St. George, Chennai - 600 009.

4 The Block Development Officer Thirumanur Town Panchayat (R4 impleaded vide court order dt 18/12/2018 made in WMP.No.38967/18) 5 MANICKAM 6 KUMARASAMY 7 SURESHKUMAR 8 BALAKRISHNAN 9 THANGARASU 10 SOUNDARRAJAN 11 SIRDHAR 12 GOPINATHAN 13 VARATHARAJAN

14 VELSAMY 15 RAMESH 16 DURAI 17 THIYAGARAJAN 18 KALIYAN 19 CHINNADURAI 20 SURYAPRAKASAM 21 VEERAMUTHU 22 SENTHILKUMAR 23 THANGARASU 24 KRISHNAN 25 SENGUTTUVAN 26 RAJENDRAN 27 MATHIYALAGAN 28 ASHOKAN 29 CHANDRASEKAR 30 NATESAN 31 PUGALENDI 32 SAMARASAM 33 PANDIYAN 34 SEKAR 35 ELAMURUGU 36 CHINNADURAI 37 CHETTI 38 MARIMUITHU 39 BALAMUTHU 40 RAJENDRAN 41 KATTIYAPPAN 42 VARATHARAJAN 43 AYYANAR 44 MARUTHAN 45 THANGAVEL 46 BALUSAMY 47 RAJEEVGANDHI 48 GANTHI 49 SAMINATHAN 50 ULAGANATHAN 51 KANNAIYAN 52 MALARKODI 53 NEELAKANDAN 54 VANJEENATHAN 55 ANNADURAI 56 RAMADOSS 57 MANOKARAN 58 SANKAR 59 SEKAR 60 MANICKAM

61 CHINNAPILLAI 62 POONGUDI 63 THAMARAIVALLI 64 VELMURUGAN 65 THANGAVEL 66 KALIYAN 67 VASANTHA 68 NATARAJAN 69 RENGARASU 70 KALIYAPERUMAL 71 SELVARASU 72 RAJASEKAR 73 DHANAPAL 74 PITCHAIVEL 75 KALIYAPERUMAL .. Respondents (R5 to R75 are impleaded vide order dated 25/06/2019 made in WMP.No.5248/2019) PRAYER:

Petition filed under Article 226 of the Constitution of India praying for issue of writ of mandamus directing the respondents to remove the encroachments made at Vananan Eari at Survey No.172/1, 2, 3 and Varattu Kuttai at Survey No.64 at Guruvadi Village, Ariyalur District within a stipulated period. W.P.No.26240 of 2019:

R.Manickam .. Petitioner Vs 1 Government of Tamil Nadu Rep. by its Secretary to Government Fort St.George, Chennai 600 009.

4 The Block Development Officer Thirumanur Town Panchayat 5 K.Murugesan .. Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India praying for issue of writ of certiorari calling for the concerned records relating to the Eviction Notice vide No.Na.Ka.No.A2/3212/2017, dated 22/02/2018 passed by the 4th respondent and quash the same.

W.P.No.26498 of 2019 1 Thangavelu 2 Selvaraj 3 Kaliyaperumal 4 Rengarasu .. Petitioners Vs 1 Government of Tamil Nadu Rep. by its Secretary to Government Fort St. George, Chennai - 600009.

4 The Block Development Officer Thirumanur Town Panchayat 5 K.Murugesan .. Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India praying for issue of writ of certiorari calling for the concerned records relating to the Eviction Notice vide No.Na.Ka.No.A1/3213/2017, dated 20.12.2017 passed by the 4th respondent and quash the same.

For Petitioner in WP:29658 of 2018 and 5th respondent in WPs: 26240 and 26498 of 2019 : Mr.S.Parthsarathy For Petitioners in WPs:26240 and 26498 of 2019 and respondents 5 to 75 in WP:29658 of 2018 : Mr.M.Gnanasekar For Respondents 1 to 4 in all WPs.

: Mr.S.N.Parthasarathi Government Advocate COMMON ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice) In pursuance of the previous order dated 13.9.2019, Mr.R.Narayanan, Block Development Officer, Thirumanur Town Panchayat, Ariyalur District, is present in the Court. The learned Government Advocate, Mr.S.N.Parthasarathi, appearing for him submits that, on 23.9.2019, the said Block Development Officer has issued notices under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 seeking to remove 15 encroachers from the land in Vananan Eari at Survey No.172/1, 2 and 3 and Varattu Kuttai at Survey No.64, Guruvadi Village, Ariyalur District.

2. Mr.M.Gnanasekar, learned counsel for respondents 5 to 75 in W.P.No.29658 of 2018, who also appears for the petitioners in W.P.Nos.26240 and 26498 of 2019, submits that the fourth respondent/Block Development Officer has exercised his power in pick and choose manner and the petitioner in W.P.No.29658 of 2018, who is also the past President of the Town Panchayat, has misused the jurisdiction of this Court by filing of the present public interest litigation.

3.Be that as it may, having heard the learned counsel for the petitioners and the respondents in the respective Writ Petitions, we are of the opinion that no useful purpose will be served by continuing this petition (W.P.No.29658 of 2018) in public interest as the 3rd respondent has informed that the encroachment in Vannan Eri has already been removed. 4.The Block Development Officer vide letter dated 07.05.2018 bearing reference Rc.No.B5/1192/2018 has already informed the petitioner in W.P.No.29658 of 2019 that steps have been taken to remove the encroachment in the water bodies in Guruvadi Village with police assistance has been requested and after that the encroachment will be removed.

5.The notices (respondents 5 to 75 in W.P.No.29658 of 2018, some of whom are petitioners in W.P.Nos.26240 and 26498 of 2019) are at liberty to file appeal under Section 10 of the Act against the notices issued under Section 6 of the Act. If the petitioner in W.P.No.29658 of 2018 is not satisfied with the order passed by the Appellate Authority, he can avail the remedial mechanism provided in G.O.Ms.No.540, Revenue [LD6(2)] Department, dated 4.12.2014, issued by the State Government in pursuance of the directions of this Court on 11.8.2014 in W.P.No.26772 of 2013 and M.P.No.1 of 2013 filed by Mr.U.A.Marappa Gounder.

With the aforesaid liberty to the parties, we dispose of these writ petitions.

No costs.

Consequently, W.M.P.Nos.25616, 25868 and 25869 of 2019 are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sasi/jen To:

1 The Secretary to Government Government of Tamil Nadu Fort St. George, Chennai - 600 009.

4 The Block Development Officer Thirumanur Town Panchayat +1cc to Government Pleader SR.NO. 82821 +1cc to Mr.M.Gnanasekar, Advocate SR.NO. 82454 +1cc to Mr.S.Parthasarathy, Advocate SR.NO. 82390 W.P.No.29658 of 2018 and W.P.Nos.26240 and 26498 of 2019 ssd(co) nr 31/10/2019