Madras High CourtWP(MD)/15573/2019disposed of

Rajapandi v. The District Officer

2019-07-12Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.15573 of 2019 and WMP(MD)No.12245 of 2019 Rajapandi : Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The District Revenue officer, Theni, Theni District.

3.The Revenue Divisional Officer, Theni, Theni District.

4.The Tahsildar, Bodinaickanoor, Theni District.

5.The Block Development Officer, (Village Panchayat), Bodinaickanoor, Theni District.

6.The Executive Engineer, Public Works Department (WRA), Manjalaru Basin Division, Periiyakulam, Theni District.

: Respondents PRAYER :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus calling for the records pertaining to the impugned notice in Na.Ka.No.1344/2019/T1, dated 02.07.2019 issued by the fifth respondent and to quash the same and consequently issue a direction to the respondents herein to conduct survey in Sy.No.1492/6 to 1532 of Anaikarai Patti Panchayath, Bodinaickanoor Village, Bodinaickanoor Taluk, Theni District and remove all the illegal encroachments and restore the Odai from Kongi Malai to Kotlakudi River.

For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.M.Karuppasamy Government Advocate

O R D E R

************ [Order of the Court was made by K.RAVICHANDRABAABU, J.] The petitioner is aggrieved against the impugned notice, dated 02.07.2019 issued by the fifth respondent herein. Consequently, the petitioner seeks for a direction to the respondents to conduct Survey in the subject matter property and remove all the illegal encroachments and restore the Odai from Kongi Malai to Kotlakudi River.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The fifth respondent, apart from issuing the impugned notice to the petitioner on 2.07.2019, calling upon him to make his objection, if any, on or before 10.07.2019, as to why the encroachments alleged to have been made in the property referred to in the said notice shall not be removed, has also chosen to issue other two proceedings, one addressed to the Tahsildar, Bodinaickanoor and another addressed to Sub Inspector of Police, Bodinaickanoor, informing them that the removal of encroachment in the subject matter property is to take place on 12.07.2019 and therefore, police protection need to be granted. 4.

The main grievance of the petitioner before this Court is that when the fifth respondent has issued the notice and called upon the petitioner to file his objection and when the petitioner has also filed his objection on 08.07.2019, the other two proceedings, issued to the Tahsildar and the Sub Inspector of Police, indicate the predetermined mind of the fifth respondent to remove the alleged encroachment and therefore, the interest of the petitioner has to be protected, since the above two proceedings were issued even before considering the objection raised by the petitioner.

5.We find force in the above submissions made by the learned counsel appearing for the petitioner, when admittedly the fifth respondent gave time to the petitioner to file his objection till 10.07.2019 and that the petitioner has also filed his objection on 08.07.2019. Therefore, unless and until the said objection is considered and disposed of, the other two proceedings issued by the fifth respondent to revenue and police officials are not warranted at this stage. In any event, as we are not expressing any opinion on the merits of the claim, in respect of allegation of the encroachment and we propose to direct the fifth respondent to consider the objection/representation, dated 08.07.2019 and pass orders on merits and in accordance with law, we are not interfering with the other two communications issued to the revenue officials as well as police, which, in our considered view, shall be kept in

abeyance, till an order is passed by the fifth respondent on the representation of the petitioner.

6.Accordingly, this writ petition is disposed of directing the fifth respondent to consider the objection/representation of the petitioner, dated 08.07.2019 and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Till an order is passed by the fifth respondent, the other two proceedings issued by the fifth respondent to Tahsildar and Sub Inspector of Police, shall be kept in abeyance. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Records) // True Copy // Sub Assistant Registrar(CS) rj2 To 1.The District Collector, Theni District, Theni.