M.Tamilarasan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11476 of 2017 and W.M.P.(MD).No.8836 of 2017 M.Tamilarasan ... Petitioner Vs.

1. The District Collector, Ramanathapuram.

2. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram.

3. The Revenue Inspector, Mandapam, Office of Tahsildar, Ramanathapuram.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to hold proper enquiry with relevant revenue records and also the documents of title relating to the owners of the property bearing D.No.5/2207, West Street, Puthumadam Village, Ramanathapuram Taluk and District and also the adjacent owner to S.No.242/8 and 242/17, Puthumadam Village, Ramanathapuram Taluk and District as contemplated under order dated 22.02.2017 made in W.P.(MD).No.3054 of 2017 on the file of this Court. For petitioner : Mr.V.Sitharanjandas For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner filed this writ petition to direct the respondents to hold proper enquiry with reference to revenue records and documents of title in respect of the property bearing D.No.5/2207, West Street, Puthumadam Village, Ramanathapuram Taluk and District and the adjacent land in S.Nos.242/8 and 242/17 in

accordance with the direction in W.P.(MD).No.3054 of 2017 dated 22.02.2017.

2. The writ petition in W.P.(MD).No.3054 of 2017 was filed by the neighbouring owner directing the District Revenue Officer, Ramanathapuram and the other Revenue Officials to remove the encroachment. Though the petitioner was a party to the said writ petition, notice was not issued to him before directing the revenue authorities to survey the property and take appropriate action in accordance with law.

3. The petitioner has come up with this writ petition with a grievance that the Tahsildar, Ramanathapuram Taluk measured the property. However, enquiry was not conducted with regard to the ownership and possession of the property.

4. It is the case of the petitioner that the Revenue authorities informed him that the direction was only to survey the property and not for holding enquiry and as such, enquiry would not be conducted.

5. During the currency of this writ petition, the third respondent issued a notice to the petitioner calling upon him to show cause as to why he should not be evicted from the property. It appears that the petitioner filed a civil suit in O.S.No.39 of 2017 before the Sub Court, Ramanathapuram for declaration and injunction. The suit is stated to be pending.

6. After hearing the learned counsel for the petitioner and the learned Special Government Pleader, we are of the view that interest of justice would be subserved by giving liberty to the petitioner to submit a comprehensive reply to the notice issued by the third respondent. In case, it is not clear as to whether the respondents have measured the property, in the light of the survey records, it is open to the petitioner to make a request to measure the property once again and in case a bona- fide request is made by him, necessarily the same shall be considered by the respondents. Since the contention of the petitioner is that he is not an encroacher in respect of the property in question, it is the bounden duty of the respondents to measure the property in the light of the survey records and in the presence of the petitioner and the petitioner in W.P.(MD).No.3054 of 2017. In any case, it is for the revenue authorities to decide the issue on merits and as per the law after such measurement.

7. The writ petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

8. We make it clear that the disposal of this writ petition would not stand in the way of the Civil Court to take up the civil

suit as well as the interlocutory application for declaration and injunction and decide the same on merits and in accordance with law.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Ramanathapuram.

2. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram.

3. The Revenue Inspector, Mandapam, Office of Tahsildar, Ramanathapuram.

4.The Subordinate Judge, Ramanathapuram.

+1cc to Mr.V.Sitharanjandas, Advocate in SR.No.63795 +1cc to Special Government Pleader in SR.No64391 akv AE/KP/SAR3/25.07.2017/3P/7C W.P.(MD)No.11476 of 2017 06.07.2017