Senthilkumaran v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.17628 of 2018 and W.M.P(MD)No.15509 of 2018 Senthilkumaran ... Petitioner vs.

The Executive Officer, Thevaram Special Grade Town Panchayat Theni District.

... Respondent Prayer :

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari, to call for the records relating with the impugned notice in Na.Ka.No.02/2018, dated 11.07.2018 issued by the respondent and quash the same as it is arbitrary and illegal as for the land in S.Nos.611, 612 and 624 concerned.

For Petitioner : Mr.R.Suriya Narayanan For Respondent : Mr.V.R.Shanmuganathan Special Government Pleader

O R D E R

(Order of the Court was made by T.RAJA, J.) This writ petition has been filed challenging the impugned order of the respondent in Na.Ka.No.02/2018, dated 11.07.2018 and quash the same, as it is arbitrary and illegal as far as the land in S.Nos.611, 612 and 624 are concerned.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader, who accepts notice for the respondent.

3. By consent of both sides, the writ petition is taken up for disposal.

4.The learned counsel for the petitioner argued that the lands in Survey Nos.611, 612, 624, 926, 927, 934, 935, 938, 941, 944 and 948 in Thevaram Village Panchayat are Government poramboke lands and the same were also found in possession and enjoyment of the petitioner and his predecessors from the period of his grandfather by raising coconut trees and also paying the kist to the revenue authorities.

5.It is also argued that originally, the said land was Odai (water channel) and the same was obliterated about 40 years back and hence, the character of the land as Odai is not presently available. In view thereof, the present impugned notice dated 11.07.2018 ought not to have been issued by the Executive Officer, Thevaram Special Grade Town Panchayat, Theni District, since he has no jurisdiction.

6.We are unable to appreciate the said contentions for the following reasons:

(i) When the petitioner averred in the affidavit that by raising coconut trees by paying Kist to the revenue authority, he has been in peaceful possession and enjoyment of the land in question, the revenue authority alone has got jurisdiction, surprisingly, when the petitioner has not produced even a single document either from his own or from the revenue authorities to show that his payment towards Kist to the revenue authority has been accepted ;

(ii) The typed set of papers filed shows only two documents; one is the impugned order and the second is some photographs. Therefore, we are not inclined to accept his contention that he has paid any Kist to the revenue authorities; and (iii) The Special Government Pleader, while answering the contentions made by the learned counsel for the petitioner that the respondent has no jurisdiction, by relying upon Section 131(2) of the Tamil Nadu Panchayats Act, 1994, submitted that the Village Administrative Officer of every revenue village shall report to the executive authority or the Commissioner concerned about the encroachments of the properties vested in the village panchayats or panchayat union councils to the executive officer or the Commissioner concerned and to the Officer of the revenue authority and in turn, it is the duty of the Executive Officer or the Commissioner concerned either suo motu or on obtaining a report from the Village Administrative Officer to institute the proceedings under the said Act.

7. Therefore, in the present case, since the Executive Officer has set the law in motion to remove the encroachments made by the

petitioner as per Section 131(2) of the Tamil Nadu Panchayat Act, 1994, we find no merit in the writ petition. Hence, this writ petition fails and the same is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-IV) To The Executive Officer, Thevaram Special Grade Town Panchayat Theni District.

+ 1 CC TO Mr.R.SURIYA NARAYANAN, ADVOCATE IN SR No. 77656 RR TE/RSK/SAR-4 : 31/08/2018 : 3P/3C W.P(MD)No.17628 of 2018 and W.M.P(MD)No.15509 of 2018 07.08.2018