Madras High CourtWP(MD)/5333/2017disposed of

Basheer Mohamed, v. The District Collector

2017-03-28Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam12 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)Nos.5333 to 5366 of 2017 and W.M.P(MD)Nos.4275 to 4308 of 2017 BASHEER MOHAMED ... Petitioner(s) in WP(MD). 5333/ 2017 AMANULLA ... Petitioner(s) in WP(MD). 5334/ 2017 AHAMATTU MEERAL ... Petitioner(s) in WP(MD). 5335/ 2017 KATHIJA BEEVI ... Petitioner(s) in WP(MD). 5336/ 2017 MOHAMMED ... Petitioner(s) in WP(MD). 5337/ 2017 M.AYISHAL BEEVI ... Petitioner(s) in WP(MD). 5338/ 2017 D.IWAN BEEVI ... Petitioner(s) in WP(MD). 5339/ 2017 RAHMATHULLA ... Petitioner(s) in WP(MD). 5340/ 2017 ABBAS .. Petitioner(s) in WP(MD). 5341/ 2017 ISMAYIL MEERAL ... Petitioner(s) in WP(MD). 5342/ 2017 H.MOHAMMED ISMAIL ... Petitioner(s) in WP(MD). 5343/ 2017 MAIDEEN MEERAL ... Petitioner(s) in WP(MD). 5344/ 2017 MOHAMED KASIM ... Petitioner(s) in WP(MD). 5345/ 2017 S.

AMANULLA ... Petitioner(s) in WP(MD). 5346/ 2017 NAHOOR MEERAL ... Petitioner(s) in WP(MD). 5347/ 2017 BASIRA BEGUM ... Petitioner(s) in WP(MD). 5348/ 2017 MOIDEEN BEEVI ... Petitioner(s) in WP(MD). 5349/ 2017 RESAVU MEERAL ... Petitioner(s) in WP(MD). 5350/ 2017 AYISHAL ... Petitioner(s) in WP(MD). 5351/ 2017 KATHIJA BEEVI ... Petitioner(s) in WP(MD). 5352/ 2017 RAHMATHULLA ... Petitioner(s) in WP(MD). 5353/ 2017 MEERAN MOIDEEN ... Petitioner(s) in WP(MD). 5354/ 2017 YUSUB ... Petitioner(s) in WP(MD). 5355/ 2017 MUTHAR BEEVI ... Petitioner(s) in WP(MD). 5356/ 2017 ABDUL RAHUMAN ... Petitioner(s) in WP(MD). 5357/ 2017 MOHAMED ISMAIL ... Petitioner(s) in WP(MD). 5358/ 2017 MAHUMUTHAL BEEVI ... Petitioner(s) in WP(MD). 5359/ 2017 MOHAMED KANI ... Petitioner(s) in WP(MD). 5360/ 2017 AMATHAI RAHIMA ... Petitioner(s) in WP(MD).

5361/ 2017 SEYINAMBU ... Petitioner(s) in WP(MD). 5362/ 2017 SYED SULAIMAN ... Petitioner(s) in WP(MD). 5363/ 2017 SEYINAMBU BEGUM ... Petitioner(s) in WP(MD). 5364/ 2017 SEIK MEERAL ... Petitioner(s) in WP(MD). 5365/ 2017 MOHIDEEN PITCHA ... Petitioner(s) in WP(MD).

Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Divisional Engineer, State Highways, Construction and Maintenance, Senkottai, Tirunelveli District.

4.The Thasildar, Senkottai, Tirunelveli District.

.. Respondents Prayer in WP(MD). 5333/ 2017 :

number 1421 within the time period stipulated by this Honble Prayer in WP(MD). 5334/ 2017 :

number 660/1 within the time period stipulated by this Honble Prayer in WP(MD). 5335/ 2017 :

number 660/1 within the time period stipulated by this Honble Prayer in WP(MD). 5336/ 2017 :

Prayer in WP(MD). 5337/ 2017 :

Prayer in WP(MD). 5338/ 2017 :

number 660/1 within the time period stipulated by this Honble Prayer in WP(MD). 5339/ 2017 :

eviction of the petitioner by the respondents from the Survey Number 1420/3 within the time period stipulated by this Honble Prayer in WP(MD). 5340/ 2017 :

Prayer in WP(MD). 5341/ 2017 :

petitioner by the respondents from the survey Number 1420/3 within Prayer in WP(MD). 5342/ 2017 :

eviction of the petitioner by the respondents from the Survey Number 1420/3 within the time period stipulated by this Honble Prayer in WP(MD). 5343/ 2017 :

Prayer in WP(MD). 5344/ 2017 :

petitioner by the respondents from the survey Number 1420/3 within Prayer in WP(MD). 5345/ 2017 :

number 1421 within the time period stipulated by this Honble Prayer in WP(MD). 5346/ 2017 :

Prayer in WP(MD). 5347/ 2017 :

petitioner by the respondents from the survey Number 1420/3 within Prayer in WP(MD). 5348/ 2017 :

Prayer in WP(MD). 5349/ 2017 :

Prayer in WP(MD). 5350/ 2017 :

petitioner by the respondents from the survey Number 1420/3 within Prayer in WP(MD). 5351/ 2017 :

Prayer in WP(MD). 5352/ 2017 :

Prayer in WP(MD). 5353/ 2017 :

petitioner by the respondents from the survey Number 1420/3 within Prayer in WP(MD). 5354/ 2017 :

Prayer in WP(MD). 5355/ 2017 :

Prayer in WP(MD). 5356/ 2017 :

petitioner by the respondents from the survey Number 1421 within Prayer in WP(MD). 5357/ 2017 :

Prayer in WP(MD). 5358/ 2017 :

Prayer in WP(MD). 5359/ 2017 :

petitioner by the respondents from the survey Number 1420/3 within Prayer in WP(MD). 5360/ 2017 :

number 1037/6 within the time period stipulated by this Honble Prayer in WP(MD). 5361/ 2017 :

number 1421 within the time period stipulated by this Honble Prayer in WP(MD). 5362/ 2017 :

petitioner by the respondents from the survey Number 1420/3 within Prayer in WP(MD). 5363/ 2017 :

Prayer in WP(MD). 5364/ 2017 :

Prayer in WP(MD). 5365/ 2017 :

petitioner by the respondents from the survey Number 1421 within Prayer in WP(MD). 5366/ 2017 :

number 1421 within the time period stipulated by this Honble

For Petitioner : Mr.M.Ajmal Khan in all W.Ps.

Senior Counsel for Mr.M.Mohaboob Athiff for M/s.Ajmal Associates For Respondents : Mr.M.Govindan, in all W.Ps.

Special Government Pleader.

COMMON ORDER [Common Order of the Court was made by A.SELVAM, J.] These writ petitions have been filed under Article 226 of the Constitution of India praying to call for records relating to the impugned order dated 10.03.2017 passed in K.No.128-1/2017/A2 by the second respondent and quash the same and also for giving necessary direction to the respondents 1 and 3 to provide alternative accommodation to the petitioners, by way of issuing a Writ of Certiorarified Mandamus.

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for all the respondents.

3.The learned Senior Counsel appearing for the petitioners has contended to the effect that the second respondent has passed the impugned order to all the petitioners even without giving sufficient opportunity and further the petitioners have been granted pattas in respect of their dwelling houses. Since the second respondent has not given sufficient opportunity to putforth the contention/objection on the part of the petitioners, the impugned order dated 10.03.2017 is liable to be quashed and further the respondents 1 and 3 are bound to give alternative accommodation to all the petitioners and therefore these Writ Petitions have been filed.

4.The learned Special Government Pleader appearing for the respondents has also equally contended to the effect that one of the encroachers by name K.S.Ahmed has filed W.P(MD)No.4296 of 2017 on the file of this Court wherein the Division Bench of this Court has specifically directed the second respondent therein to intimate the direction issued by this Court to other individuals to whom such notices have been issued so that they will be in a position to submit their objection within the time stipulated and therefore the technical point raised on the side of the petitioners cannot be entertained.

5.On the basis of rival submissions and also on the basis of the available records, it is made clear that the second respondent has passed the impugned order dated 10.03.2017. 6.The main gravamen expressed on the side of the petitioners is that they have not been given sufficient opportunity to putforth their contentions and further they have been issued pattas in respect of their dwelling houses. 7.Considering the aforesaid factual circumstances and also considering the main contention putforth on the side of the petitioners, this Court is inclined to pass the following order. 8.In fine, all the petitioners are directed to submit their objections collectively to the second respondent and the second respondent is directed to dispose of the same on merits after giving sufficient opportunity to the petitioners within a period of one month. With the above observations, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

SD/- ASSISTANT REGISTRAR(AS) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Divisional Engineer, State Highways, Construction and Maintenance, Senkottai, Tirunelveli District.

3.The Thasildar, Senkottai, Tirunelveli District.

+ 34 CCS TO M/S.AJMAL ASSOCIATES ADVOCATE, SR NO.18711 +1 CC TO SPECIAL GOVERNMENT PLEADDER SR NO.19286 ps MAS/SV-MMS:12.04.2017:12P-39C COMMON ORDER MADE IN W.P(MD)Nos.5333 to 5366 of 2017 and W.M.P(MD)Nos.4275 to 4308 of 2017 28.03.2017