Palavesamuthu v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.8557 of 2014 Palavesamuthu ... Petitioner Vs.
1.The District Collector, Tirunelveli District, Tiruneveli.
2.The Tahsildar, Radhapuram Tirunelveli District.
3.The Superintending Engineer Dept.of High ways Tirunelveli District, Tirunelveli.
4.T.Lingam 5.D.Duraisamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 and 5 in the main road at Chettikulam Village, Tirunelveli District leading from Anjugiramam to Tiruchendur by putting up construction extending the Building of Arulmigu Periaveettu Nachiyar Amman temple and make it to be free from all vehicular traffic and also free for pedestrian crossing forthwith. For Petitioner : Mr.S.Palanivelayutham For RR - 1 to 3 : Mr.A.K.Baskarapandian Spl.Govt.Pleader For RR - 4 & 5 : Mr.K.Prabhu
ORDER
(Order of the Court was made by R.SUDHAKAR,J.) The petitioner has come forward with this writ petition seeking a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachments made by the respondents 4 and 5 in the main road at Chettikulam Village, Tirunelveli District leading from Anjugiramam to Tiruchendur by putting up construction extending the Building of Arulmigu Periaveettu Nachiyar Amman temple.
2. The grievance of the petitioner appears to be that there are some encroachments on public street and therefore, he made a representation to the first respondent to take action and remove the encroachments made by
the respondents 4 and 5. Since no final order has been passed, the present writ petition has been filed for the relief stated supra.
3. On an earlier occasion, this Court, while dealing with a similar issue in W.P.No.26722 of 2013, by an order dated 08.10.2014 issued following direction to the Government:- "The State Government must set forth a mechanism where aggrieved persons can complain and remedial action can be taken. Promptly, they are called upon do so. We have thus, requested the learned Government Pleader to enter appearance in this matter and obtain instructions from the State Government, in what manner such an authority be set up, due publicity given to the authorities where aggrieved persons would be first required to make their representations and a remedial action and reasoned response be communicated within a period of 30 days from such complaint being made. Once such a mechanism is set up, there would be no occasion to entertain a PIL, on the first instance in such matters as an administrative machinery would be available for remedying the position".
4. Pursuant to the above said direction, the Government passed a Government Order in G.O.Ms.No.540, Revenue LD6(2) Department, dated 04.12.2014 wherein the Government accorded sanction for constitution of Redressal Committees for eviction of encroachment with the following procedures:- (i)General Procedure: In general, as per Section 7 of Tamil Nadu Land Encroachment Act, 1905, before taking proceedings, the Collector or Tahsildar shall cause to serve on the person a notice calling upon him to show cause why he should not be evicted. Further as per notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, any person unauthorizedly occupying any land may be summarily evicted by the Collector, Tahsildar, Deputy Tahsildar (or any other officers authorized by the State Government in this regard) by serving such notices in the manner prescribed under Section 25 of Tamil Nadu Revenue Recovery Act, 1864.
(ii)Original Petition to be filed at Taluk level: The petitioners seeking grievances for eviction of encroachment on Government land may file original petition before the respective Tahsildars. On receipt of such petition, the Tahsildar may cause inspection at least at the level of Deputy Tahsildar, to decide whether the Government land is being encroached or not. If convinced of the fact that the Government land is being encroached, he shall serve a "Show Cause Notice" to the encroacher under Section 7 of Tamil Nadu Land Encroachment Act, 1905. Subsequently, other procedure as laid down under the Tamil Nadu Land Encroachment Act should be followed within a stipulated time. A detailed written reply should be sent to the petitioner giving details of the action, if any, taken as per Tamil Nadu Land Encroachment Act, 1905 and the entire process shall be completed within 60 days from the date of receipt of petition.
(iii) Appellate Committee at Divisional level: This Committee shall admit only the Appeal Petitions on eviction of encroachment either on the
ground of failure on the part of Tahsildar to give reply within 60 days or if the petitioner is not satisfied with the reply given or action taken by the Tahsildar.
The Appellate Committee shall be constituted with the following officials:
1) Revenue Divisional Officer;
2) Deputy Superintendent of Police; and
3) Deputy Inspector of Survey.
This Committee shall meet atleast once in a month and decide each and every case individually after giving an opportunity for the petitioner to be heard. The Committee shall also take up personal inspection, if required, along with Tahsildar and Surveyors, after giving advance intimation to the petitioner.
A written communication should be sent to the petitioner conveying the decision of the above Appellate Committee within 30 days from the date of receipt of the Appeal Petition.
(iv) Review Committee at District Level:
Any petitioner, who does not receive reply from the above Appellate Committee within the stipulated time or is not satisfied with the decision of the Appellate Committee, may file Review Petition before the Review Committee.
The District Level Review Committee shall be constituted with the following officials:
1) District Revenue Officer;
2) Superintendent of Police; and
3) Assistant Director of Survey.
The District Level Review Committee shall meet at least once in a month and communicate its finding, within 30 days from the date of receipt of such petition, in a similar manner as described para 2 (iii). (v) District Level Steering Committee:
The details and nature of complaints received by the 'Divisional Level Review Committee' and 'District Level Review Committee' along with the gist of decisions taken, shall be presented before the existing 'District level Steering Committee on Encroachment' headed by District Collector already constituted vide G.O.Ms.No.105 Revenue Department dated 07.03.2001.
4.The Additional Chief Secretary and Commissioner of Land Administration is requested to issue necessary instructions to all District Collectors to constitute the above mentioned Redressal Committees immediately for eviction of encroachment. As per the directions of Hon'ble High Court of Madras dated 08.10.2014 in reference third read above, all the District Collectors are instructed to give necessary publicity on constitution of Redressal Committees on eviction of encroachments utilizing the media, pamphlets and other means of communication to the common public from the District level office upto the village level. The Additional Chief Secretary and Commissioner of Land Administration is also requested to monitor the working of the Committees strictly and continuously."
5. In such view of the matter, the petitioner has to approach the competent authority as per the said Government Order for the redressal of his grievance for eviction of encroachment. Accordingly, the petitioner is directed to file a petition before the competent authority viz., the Tahsildar, Radhapuram, Tirunelveli District - the second respondent herein. On receipt of such petition, the second respondent shall consider the same and pass appropriate orders on merits and in accordance with the said Government Order, at the earliest, as prescribed.
6. With the above direction, this writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Tahsildar, Radhapuram Tirunelveli District.
3.The Superintending Engineer Dept.of High ways Tirunelveli District, Tirunelveli.
+1cc to Mr.S.Palanivelayutham, Advocate SR.No.47943 +1cc to Mr.K.Prabhu, Advocate SR.No.47696 Writ Petition (MD) No.8557 of 2014 19.08.2015 mj NS/NGM-SS/11.09.2015 : 4P/6C