S.Chandrasekaran v. The District Collectior
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD) No.6311 of 2018 S.Chandrasekaran ... Petitioner -vs1.The District Collector, Trichy District, 2.The Tahsildar, Musiri Taluk, Musiri, Trichy District.
3.The Special Officer/Block Development Officer, Anjalam Village Panchayat, Musiri Taluk, Trichy District.
4.Chellammal 5.Pappathy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 1 to 3 respondents to remove the encroachment made by the respondent Nos.4 and 5 in S.F.No.68/1 for an extent of 0.06.0 of Anjalam Village, Musiri Taluk, Trichy District, which is classified as "Salai" namely the Government road and take necessary action against the 4 and 5 respondents for their continuous encroachment on the basis of my representation dated 22.12.2007.
For Petitioner :
Mr.T.Vadivelan For Respondents :
Mr.D.Muruganandam, AGP for RR1 to 3
O R D E R
(Order of the Court was made by T.S.SIVAGNANAM, J.) Heard Mr.T.Vadivelan, learned counsel appearing for the petitioner and Mr.D.Muruganandam, learned Additional Government Pleader accepting notice on behalf of the respondents 1 to 3.
2.Earlier, a writ petition was filed filed by the petitioner viz., W.P.(MD) No.1439 of 20176, to direct the respondents 1 and 2 to remove encroachment made by the respondents Nos.4 and 5. In the said writ petition, the Tasildar, Musiri Taluk filed counter affidavit admitting that the respondents 4 and 5 herein have encroached the road (salai) by cultivating crops. It was further stated that the fourth respondent had filed a suit in O.S.No.281 of 2015 on the file of the District Munsif, Trichy and the same is pending. However, there are no interim orders. It is not known as to whether the defendants in the suit, who are the District Collector, Tahsildar, Revenue Divisional Officer and Village Administrative Officer have filed their counters/written statements.
However, the fact remains that the respondents 4 and 5 are encroachers and earlier, the encroachment was removed after the crops, which were cultivated by them, were harvested. 3.The allegation is now that once again, the respondents 4 and 5 have raised crops in the very same land. The Officer, who is present from the office of the third respondent confirms that there are standing crops in the government land.
4.It is submitted by the learned Additional Government Pleader that the pathway runs to a length of 228.4 meter with 4.4 meter breadth. Since the respondents 4 and 5 appear to be not law abiding citizens, stringent action should be taken against them by the respondents 1 to 3. However, taking note of the fact that there are standing crops, it will be inequitable to direct the officials to destroy the crops under the guise of removing the encroachment. 5.Therefore, we direct the respondents 2 and 3 to ensure that after the harvest of the crops is made by the respondents 4 and 5, the entire area shall be cleared and the pathway/road to be formed for the entire extent and the respondents 2 and 3 shall ensure that there should be no other encroachments by respondents 4 and 5. If the respondents 2 and 3 require police protection, they may address the Superintendent of Police, Trichy, who shall direct the concerned Inspector of Police to deploy police force while clearing the encroachments.
6.This writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Trichy District,
2.The Tahsildar, Musiri Taluk, Musiri, Trichy District.
3.The Special Officer/Block Development Officer, Anjalam Village Panchayat, Musiri Taluk, Trichy District.
4.The Superintendent of Police, +1cc to M/S.T.Vadivelan, Advocate SR.No. 57447 +1cc to Special Government Pleader, SR.No. 58405 W.P.(MD) No.6311 of 2018 23.03.2018 arul JM/SKN RSK/SAR 3/11.04.2018/3P/7C