M.Vijayan v. The Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.2990 of 2023 M.Vijayan ... Petitioner vs.

1.The Government of Tamil Nadu, Represented through its Principal Secretary, Revenue and Disaster Management Department, Chennai - 600 009.

2.The District Collector, Office of the District Collector, Sivagangai District, Sivagangai.

3.The Sub Collector, Office of the Sub Collector, Devakottai, Sivagangai District.

4.The Tahsildar, Thirupathur Tahsildar Office, Thirupathur Taluk, Sivagangai District.

5.M.Veeraiya ... Respondents 1/9

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent's impugned report, dated 06.02.2023 and quash the same as devoid of merits consequently directing the respondents 2 to 4 not to disturb the petitioner's possession and enjoyment in Survey No.17/1 an extent of 1 acre in Karenthelpatti Village, Thirukalapatti Panchayat, Mathavarayanpatti Group, Thirupathur Taluk, Sivagangai District, till the disposal of the revision petition, dated 04.04.2022 made under Section 10-A(1)(C) of the Tamil Nadu Land Encroachment Act, 1905, on the file of the first respondent within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For RR 1 to 4 : Mr.P.T.Thiraviyam Government Advocate

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in the Writ Petition is seeking for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the fourth respondent, dated 06.02.2023 and consequently, to direct the respondents 2 to 4 not to disturb the petitioner's possession and enjoyment of the property in Survey No.17/1 to an extent of 1 acre in Karenthelpatti 2/9

Village, Thirukalapatti Panchayat, Mathavarayanpatti Group, Thirupathur Taluk, Sivagangai District, till the disposal of the revision petition, dated 04.04.2022 made under Section 10-A(1)(C) of the Tamil Nadu Land Encroachment Act, 1905, on the file of the first respondent within the period stipulated by this Court.

2.According to the petitioner, he is in occupation of the property comprised in Survey No.17/1 to an extent of 1 acre in Karenthelpatti Village, Thirukalapatti Panchayat, Mathavarayanpatti Group, Thirupathur Taluk, Sivagangai District, for more than 40 years. Since the said land was classified as 'Arasu Poramboke', the third respondent passed the impugned order directing the petitioner to remove the encroachments. On receipt of the said order, the petitioner preferred an appeal before the District Collector, Sivagangai on 14.07.2021. Pursuant to the same, the petitioner also filed a Writ Petition in W.P(MD)No.12279 of 2021, to quash the impugned order, dated 02.07.2021 passed by the third respondent therein and consequently to direct the respondents 1 to 3 to grant patta to the petitioner as per the Revenue Police Note 2001-2002, the land in his possession and enjoyment in Survey No.17/1 to an extent of 1 acre in Karenthelpatti Village, Thirukalapatti Panchayat, Mathavarayanpatti Group, 3/9

Thirupathur Taluk, Sivagangai District, till the disposal of the petitioner's appeal, dated 14.07.2021 made under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, on the file of the first respondent therein. This Court, by order, dated 20.07.2021 passed the following order:- "7.In the light of the same, the Writ Petition is allowed and the impugned notice of the third respondent dated 02.07.2021 is set aside and the petitioner is directed to file his objection to the notice dated 03.07.2021, not later than 05.08.2021. It is open to the fourth respondent to place all the materials before the third respondent to prove his case that the petitioner is an encroacher. After conducting an enquiry by affording an opportunity of personal hearing to the petitioner and the fourth respondent, the third respondent shall pass a speaking order on merits and in accordance with law not later than 13.08.2021. No costs. Consequently, connected Miscellaneous Petition is closed."

Pursuant to the said order, dated 20.07.2021, the second respondent dismissed the petitioner's appeal in Na.Ka.E4/17564/2021, dated 29.01.2022. Challenging the same, the petitioner preferred a revision before the first respondent on 04.04.2022 to set aside the order passed by the second respondent and to grant patta to the petitioner. Accordingly, the 4/9

first respondent issued summons on 24.05.2022 to the petitioner to appear for an enquiry. The petitioner appeared before the first respondent with necessary documents on 01.06.2022 and the revision is pending till now. Whileso, the fourth respondent passed the impugned order, dated 06.02.2023, directing the petitioner to vacate the premises within 15 days, failing which, they will evict them. Challenging the impugned order, dated 06.02.2023, the petitioner has filed the present Writ Petition. 3.The primordial contention of the learned counsel appearing for the petitioner is that when the revision petition is pending, the said action taken by the fourth respondent is illegal and without justification and therefore, he seeks interference of this Court to set aside the impugned order passed by the fourth respondent, dated 06.02.2023.

Further, according to the petitioner, the said eviction notice issued by the fourth respondent also includes the house property of the petitioner. 4.The learned Government Advocate appearing for the respondents 1 to 4 submitted that the revision petition filed by the petitioner is pending before the revisional authority and the same will be considered and appropriate orders will be passed.

5.Considering the facts and circumstances of the case, we are of the view that the action taken by the respondents 1 to 4 for evicting the petitioner by issuing a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, is unsustainable, when the revision petition is pending before the revisional authority. Accordingly, we are inclined to pass the following order:- (i) The impugned order, dated 06.02.2023, passed by the fourth respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is quashed.

(ii) The first respondent/Revisional Authority is directed to consider the petitioner's revision petition, dated 04.04.2022 and pass appropriate orders on merits and in accordance with law, as early as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

(iii) Till final orders are passed in the revision petition, both parties are directed to maintain status quo, as on today. 6/9

(iv) Liberty is granted to the authority concerned to initiate fresh proceedings against the petitioner, if so necessary, in the manner known to law.

6.With the above directions and liberty, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [L.V.G.,J.] 16.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps 7/9

To 1.The Principal Secretary, Represented by the Government of Tamil Nadu, Revenue and Disaster Management Department, Chennai - 600 009.

2.The District Collector, Office of the District Collector, Sivagangai District, Sivagangai.

3.The Sub Collector, Office of the Sub Collector, Devakottai, Sivagangai District.

4.The Tahsildar, Thirupathur Tahsildar Office, Thirupathur Taluk, Sivagangai District.

8/9

D. KRISHNAKUMAR ,J.

and L.VICTORIA GOWRI,J.

ps ORDER MADE IN DATED : 16.02.2023 9/9