P.Dhanapackiam, W/O.Late. v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.2008 of 2018 and W.M.P.(MD).No.2228 of 2018 P.Dhanapackiam ... Petitioner Vs.
1. The District Collector, Trichy District, Trichy.
2. The Revenue Divisional Office, Musiri, Trichy District.
3. The Tahsildar, Musiri Taluk, Musiri, Trichy District.
4. The Block Development Officer (Village Panchayats) Musiri Panchayat Union, Musiri, Trichy District.
5. P.Subramani
6. P.Muthu
7. K.Sekar
8. A.Rajendran ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4, to evict the encroachers listed out in the proceedings No.Na.Ka.A6/3913/2017 dated 23.06.2017 of the 3rd respondent Tahsildar from the Cart Path Govt. poramboke land in Survey No.42 of Vadakku Siddhambur Village, Musiri Taluk, Trichy District in accordance with the provisions in Land Encroachment Act, 1905 within a time limit to be fixed by this Court.
For Petitioner : Mr.T.Sakthikumaran For R1 & R3 : Mr.R.Pandiyarajan Addl. Government Pleader For R2 & R4 : Mr.A.Thiyagarajan For R5 to R8 : Mr.M.Kannan
O R D E R
[Order of the Court was delivered by T.S.SIVAGNANAM, J.] Hear Mr.T.Sakthikumaran, learned counsel appearing for the petitioner, Mr.R.Pandiyarajan, learned Additional Government Pleader appearing for the respondent 1 & 3, Mr.A.Thiyagarajan, learned counsel appearing for the respondents 2 & 4 and Mr.M.Kannan, learned counsel appearing for the respondents 5 to 8. 2.The petitioner has filed this writ petition to direct the respondents 1 to 4 to evict the encroachers whose names found place in the proceedings of the third respondent, dated 23.06.2017. It appears that the third respondent verified the revenue records and in the meeting convened on 06.06.2017 found that there is an encroachment into a Cart Track comprised in Survey No.42 measuring an extent of 0.46.0 ares. The names of the private respondents viz.
, 5 to 8 have shown as the encroachers. However, the proceedings of the third respondent has been issued without notice to the encroachers. Though it may be true that the classification of the land in Survey No.42 is Cart Track Poromboke, the extent of encroachment has to be demarcated for which purpose, an inspection is required to be conducted. Therefore, we direct the third respondent to depute an Officer to conduct measurement of the area, after notice to the respondents 5 to 8 and indicate as to whether there is any encroachment and if there is an encroachment to what extent and give opportunity to the respondents 5 to 8 to remove the encroachment by themselves, failing which, the encroachment shall be removed departmentally. It is made clear that before the property is measured, notice should be issued to the respondents 5 to 8.
The aforesaid direction shall be complied with by the third respondent, within a period of four weeks from the date of receipt of a copy of this order.
3.With the above direction, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed.
Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar
To
1. The District Collector, Trichy District, Trichy.
2. The Revenue Divisional Office, Musiri, Trichy District.
3. The Tahsildar, Musiri Taluk, Musiri, Trichy District.
4. The Block Development Officer (Village Panchayats) Musiri Panchayat Union, Musiri, Trichy District.
+ 1 CC TO Mr.M.KANNAN, ADVOCATE IN SR No. 55300 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 55139 + 1 CC TO Mr.A.THIRUMURTHY, ADVOCATE IN SR No. 54832 NS TE/SKN-RSK/SAR-1 : 26/03/2018 : 3P/8C W.P.(MD).No.2008 of 2018 and W.M.P.(MD).No.2228 of 2018 13.03.2018