Vellaichamy, S/O.Nallalagam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.21966 of 2017 Vellaichamy : Petitioner .vs.
1. The District Collector, Pudukkottai District, Pudukkottai.
2. The Tahsildar, Kulathur Taluk,
3. The Union Commissioner, Annavasal Union, 4.Karuppaiah : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Mandamus directing the Respondents 1 to 3 to remove the encroachment by virtue of the proceeding in Na.Ka.484/17/A1, dated 23.09.2017 passed by the Second Respondent within the time stipulated by this Court.
For Petitioner : M/s.M.Ramu For Respondents : Mr.M.Govindan 1 to 3 Spl Govt.Pleader
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 Mandamus directing the Respondents 1 to 3 to remove the encroachment by virtue of the proceeding in Na.Ka.484/17/A1, dated
23.09.2017 passed by the Second Respondent within the time stipulated by this Court.
2.Heard the Learned Counsel for the Petitioner and the Learned Special Government Pleader appearing for the Respondents 1 to 3. No counter is filed on behalf of the respondents 1 to 3. To avoid an avoidable delay, notice to the Fourth Respondent is dispensed with, to prevent an aberration of justice.
3.According to the Petitioner, he is cultivating agricultural crops in his own land and the agricultural land in S.No.66/14 measures an extent of 15 acres situated at Vellanur Village, Kulathur Taluk, Pudukkottai Distict is his own land and revenue documents and title documents do stand in his name. In fact, he is enjoying the property in question without any hindrance whatsoever.
4.It is represented on behalf of the Petitioner that on the northern side of his land, there is an irrigation channel and through the said irrigation channel, he and others are receiving water from Sengulam Water tank, Vengulam Water Tank for their agricultural activities. While that being the facts situation, the Fourth Respondent had fenced the irrigation Channel and hence the Petitioner sent a representation to the Respondents 1 and 2 to take action against the Fourth Respondent. The Respondents had initiated steps by inter-communication reference, dated 29.8.2017, 31.8.2017, 25.09.2017 and 7.11.2017. Finally, the Second Respondent had conducted an enquiry and reported that the Fourth Respondent had encroached the irrigation channel on 23.09.2017. Therefore, the Petitioner has filed the present Writ Petition seeking issuance of a Writ of Mandamus in directing the Respondents 1 to 3 to remove the encroachment by means of proceedings, dated 23.09.2017 passed by the Second Respondent, within the period stipulated by this Court.
5.It is not in dispute that the Second Respondent/The Tahsildar, Kulathur Taluk, Pudukkottai District had addressed a communication, dated 23.09.2017 to the Petitioner stating that in S.No.66/14 on the northern side of the Channel, the Fourth Respondent/Karuppaiah(Pattadhar) had made an encroachment by putting up a fence and during the enquiry, the encroacher/Fourth Respondent had stated that he would restore the channel and for restoring the channel, after measurement of the land joint action would be taken by the Panchayat Union Commissioner, Annavasal Panchayat Union, Pudukkottai District and the Revenue Department. 6.It comes to be known that on behalf of the First Respondent/the District Collector, Pudukkottai District, Pudukkottai, a reply was addressed to the Second Respondent/The Tahsildar, Kulathur Taluk,Pudukkottai District to take appropriate action in regard to the removal of encroachment and to
send a report The copy of the said memo, dated 25.9.2017 of the First Respondent was marked to the Revenue Divisional Office, Illupur and to the Petitioner.
7.From the above, it is crystalline clear that the Fourth Respondent has admittedly an encroacher, as averred by the petitioner. As such, the said encroachment is to be removed by the authorities concerned, by lending a helping hand to that effect. 8.In view of the fact that the Fourth Respondent(pattadhar) was identified as a person, who had encroached on the northern side of the irrigation channel in S.No.
66/14, this Court, in the interest of justice and fair play, directs the Respondents 2 and 3 (Second Respondent/The Tahsildar, Kulathur Taluk, Pudukkottai District and the Third Respondent/The Union Commissioner, Annavasal Union, Pudukkottai District) to take all serious and earnest efforts in removing the encroachment, by formally putting the Fourth Respondent on notice and to hear his objections and to do the needful, to and in favour of the Petitioner, within a period of six weeks from the date of receipt of a copy of this Order. The Fourth Respondent is also granted one week time to submit his objections, if any, in regard to his occupation of the encroached portion of the subject-land.
In case, if enquiry is to be conducted, if situation so warrants/ if need be, the concerned authority namely, the Tahsildar, Kulathur Taluk, Pudukkottai District is directed to provide an opportunity of hearing to the Petitioner as well as the Fourth Respondent/purported encroacher and others concerned, if any, of course, in the manner known to Law and in accordance with Law.
9.With the above said observation(s) and direction(s), the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(Cs-II) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Pudukkottai District, Pudukkottai.
2. The Tahsildar, Kulathur Taluk,
3. The Union Commissioner, Annavasal Union, + 1 cc TO Mr.M.Ramu , Advocate in SR No. 90148 + 1 cc TO The Special Government Pleader in SR No. 90707 vsn AE/KP/SAR2/11.12.2017/4P/6C ORDER MADE IN W.P.(MD)No.21966 Of 2017 29.11.2017