Soundarapandiyan v. The Block Development Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI WP.(MD) No.4040 of 2018 and W.M.P.(MD) Nos.4199 and 4200 of 2018 Soundarapandiyan ... Petitioner -vs1. The Block Development Officer, (K.Vu.) Rajapalayam, Virudhunagar District.
2. The Tahsildar, Rajapalayam Taluk Office, Rajapalayam, Virudhunagar District.
3. The Inspector of Police, Keelarajakularaman Police Station, Rajapalayam Taluk, Virudhunagar Raluk.
4. The Executive Officer, S.Ramalingapuram Panchayat Union, Rajapalayam Taluk, Virudhunagar District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the 1st respondent made in Na.Ka.B2/1156/2017 dated 19.02.2018 and the consequential reference made to the 3rd respondent vide in Na.Ka.B2/1156/2017 dated 19.02.2018 by the 1st respondent and quash the same as illegal.
For Petitioners :
Mr.A.Balaji For Respondents :
Mr.D.Muruganantham, AGP
O R D E R
(Order of the Court was made by T.S.SIVAGNANAM, J.) The petitioner has challenged a notice issued dated 19.02.2013, which is a notice, calling upon the petitioner to remove encroachment, which has been caused by him in a government poramboke land in S.No.114.
2.The petitioner's case is that the land though classified as sarkar poramboke, the petitioner and his father's name found place in the revenue record to show that they are in occupation for several years. The petitioner would state that he is residing in the said property, constructed a house with necessary facilities. Apart from the petitioner, there are other persons, who are living in the same area and the first respondent without issuing any show cause notice has straight away issued the impugned eviction order, however by referring to a proceedings of the second respondent Tahsildar dated 27.07.2017.
3.On a perusal of the impugned proceedings, we find that it is not a show cause, but an eviction order. However, we have to point out that the petitioner is encroacher of government property and therefore he cannot claim any vested right to reside in the property permanently. However, if the petitioner has to be evicted and the land is required to be restored to the original purpose, the encroacher should be put on notice as provided under the special enactments. Without doing so, the first respondent was not justified in straight away issuing the eviction order. 4.Thus, we allow the writ petition and the impugned order is set aside.
We direct the first respondent to issue notice stating the classification of land, nature of encroachment done and if there are other persons similarly situated like that of the petitioner, they are also be issued notice. The encroachers should be given reasonable time to submit their objection and on receipt of objections, an enquiry to be conducted and a reasoned order to be passed on merits and in accordance with law. The above direction to be completed within a period of 6 weeks from the date of receipt of a copy of this order. Till then, the status quo which is prevailing as on date in respect of the land in question shall be maintained.
5.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The Block Development Officer, (K.Vu.) Rajapalayam, Virudhunagar District.
2. The Tahsildar, Rajapalayam Taluk Office, Rajapalayam, Virudhunagar District.
3. The Inspector of Police, Keelarajakularaman Police Station, Rajapalayam Taluk, Virudhunagar Raluk.
4. The Executive Officer, S.Ramalingapuram Panchayat Union, Rajapalayam Taluk, Virudhunagar District.
+ 1 cc TO Mr.A.Balaji , Advocate in SR No. 51570 + 1 cc TO The Special Government Pleader in SR No. 51961 Arul AE/CVC/SAR2/16.03.2018/3P/7C WP.(MD) No.4040 of 2018 and W.M.P.(MD) Nos.4199 and 4200 of 2018 27.02.2018