C.Balu, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD)No.17551 of 2017 and W.M.P(MD)No.14080 of 2017 C.Balu : Petitioner .vs.

1.The District Collector, Sivagangai, 2.The Tahsildar, Kalaiyarkovil, 3.I.Chandran : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Certiorari calling for the records pertaining to the impugned order passed by the Second Respondent in his proceedings in Na.Ka.AA4.219/2015, dated 11.09.2017 and to quash the same as illegal. For Petitioner :M/s.J.Jeyakumaran For Respondents :Mr.G.Muthukannan 1 and 2 Government Advocate

O R D E R

************* [Order of the Court was made by M.VENUGOPAL, J.] This Writ Petition has been filed seeking issuance of a Writ of Certiorari calling for the records pertaining to the impugned order passed by the Second Respondent in his proceedings in Na.Ka.AA4.219/2015, dated 11.09.2017 and to quash the same as illegal.

2.Heard the Learned Counsel for the Petitioner and the learned Government Advocate appearing for the Respondents 1 and 2.

3.The Petitioner, in the present Writ Petition, has challenged the memo, dated 11.09.2017, issued by the Second Respondent/The Tahsildar, Kalaiyarkovil, Sivagangai District, whereby and whereunder, he was informed that as per order, dated 27.9.2016 in W.P (MD)No.18305/2016(filed by one Balu) before this Court on 13.09.2017 at 11.00 a.m., under the head of the Revenue Divisional Officer, Sivagangai, in the presence of Deputy Superintendent of Police, Sivagangai District, the encroachment would be removed and on that day, the present Petitioner and one Chandran were required to appear.

4.It comes to be known that the Petitioner, on an earlier occasion, projected a Writ Petition in W.P(MD)No.18305 of 2016, wherein, he had sought for quashing of the Second Respondent's proceedings, dated 20.09.2016 and sought for passing of necessary directions being issued to the Respondents from prohibiting them from demolishing the building and evicting the Petitioner without following the legal requirements of Law.

5.This Court, on 27.09.2016, in W.P(MD)No.18305 of 2016, at paragraph 5 and 6, had observed the following: ''5.Today, on instructions, learned Special Government Pleader would submit that while issuing the impugned notice, dated 20.09.2016, an inadvertent mistake had crept in and it has been wrongly stated the Petitioner had encroached upon S.Nos.66/15 and 16 and it was later rectified by the second respondent through a fresh notice in Na.Ka.No.A41219/2015, dated 21.09.2016 sent to the petitioner as well as the third respondent, had called upon to appear before the second respondent on 23.09.2016 at 3.00 p.m.

6.In the light of the said development, nothing survives for adjudication in this matter. The second respondent, in terms of the letter dated 21.09.2016, shall proceed in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.'' and disposed of the Writ Petition.

6.The grievance of the Petitioner is that the Petitioner had filed O.S.No.147 of 2015, on the file of the Learned District Munsif, Sivagangai for the relief of declaration and injunction and in I.A.No.73 of 2017 in O.S.No.147 of 2015, on 7.6.2017, the Trial Court had directed the Respondents 1 and 2 therein to maintain status-quo until further orders and the said order, in fact was communicated to the Respondents 1 and 2. All of a sudden, the Respondents 1 and 2, according to the Petitioner, had passed the impugned proceedings, dated 11.09.2017 to the effect that they

will remove the encroachment on 13.09.2017. As a matter of fact, the said impugned order was served on the Petitioner on 13.09.2017. The Second Respondent/The Tahsildar, Kalaiyarkovil, Sivagangai District, according to the Petitioner, had failed to consider the interim order passed by the Learned District Munsif, Sivagangai in I.A.No.73 of 2017 in O.S.No.147 of 2015. It appears that the Second Respondent/The Tahsildar, Kalaiyarkovil, Sivagangai District, obtained the signature of the Petitioner and dropped the eviction proceedings by granting one week time. On 13.09.2017, the Petitioner's house was not demolished by the Second Respondent/The Tahsildar, Kalaiyarkovil, Sivagangai District, but within one week, they made all arrangements to evict him from his house. Hence the Petitioner has filed the present Writ Petition for the relief stated supra.

7.There is no doubt as to the candid fact that I.A.No.73 of 2017 in O.S.No.147 of 2015 on 7.6.2017, the Trial Court, considering the facts and circumstances of the case, urgency and nature of demolition in a living house and in the interest of justice ordered to maintain status-quo by both parties in regard to the suit property until further orders.

8.In reality, on 19.09.2017, the Tahsildar, Kalaiyarkovil, Sivagangai District, one R.Santhanalakshmi, had filed a memo in a crystalline fashion that she had known about the factum of interim orders passed by the Trial Court and also was informed the Court that till the disposal of I.A.No.959/2017 in the subject-property no proceedings/action would be taken.

9.Considering the fact that the Second Respondent had filed a memo dated 19.09.2017 before the Trial Court in I.A.No.959 of 2017 in O.S.No.147 of 2015, wherein, it was averred in categorical terms that further action would not be taken till the disposal of the I.A in respect of the subject-matter in issue, this Court recording the said fact, disposed of the Writ Petition, by observing that the Writ Petitioner shall not be disturbed of his possession and enjoyment of the subject-matter property in any manner, whatsoever by any one. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai,

2.The Tahsildar, Kalaiyarkovil, +1cc to M/S.Special Government Pleader,SR. 90880 +1cc to Mr.J.JEYAKUMARAN,Advocate,SR.90985 W.P.(MD)No.17551 of 2017 and W.M.P(MD)No.14080 of 2017 04.12.2017 VSN KK/MR KKR/SAR 4/20.12.2017/ 4P- 5C/