Ramaiah S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) No.13568 of 2023 S.Ramaiah ... Petitioner -vs1.The District Collector Pudukottai District Pudukottai 2.The District Revenue Officer Pudukottai District Pudukottai 3.The Revenue Divisional Officer Pudukottai District Pudukottai 4.The Tahsildar Thirumayam Taluk Pudukottai District 5.The Revenue Inspector Thirumayam Circle Thirumayam Taluk Pudukottai District 6.K.Kumaravelu ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the fourth respondent in his proceedings Na.Ka. 6704/2022/A2 dated 27.06.2023 and consequently directing the respondents 1 to 5 to lease out a small portion of the unobjectionable land in Survey No. 432/2 to an extent of 0.26.0 hectares, Thulaiyanur Village in favour of the petitioner within a time stipulated by this Court. For Petitioner :

Mr.B.Saravanan, Senior Counsel assisted by Mr.D.Kirubakaran For Respondents :

Mr.M.Lingadurai Special Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by S.VAIDYANATHAN, J.] Mr.M.Lingadurai, learned Special Government Pleader, takes notice for the respondents 1 to 5.

2. Since we are not passing any adverse orders, notice to the sixth respondent is dispensed with.

3. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

4. Challenge in this writ petition is to the order dated 27.06.2023, passed by the fourth respondent, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (for brevity, "the Act").

5. According to the learned Senior Counsel appearing for the petitioner, when the occupation of the land in question is an unobjectionable, either it can be given to him on lease or assessment can be done under Section 5 of the Act. He would draw our attention to the Revenue Standing Orders, more particularly BSO 26, which deals with unauthorised occupation of Government land. He has also made reference to Sub-Clause (4) of BSO 26, which is extracted hereunder:

"4. Cases of unauthorized occupation of Government land.- Unauthorized occupation of Government land may be arranged into the following classes:

(a) Cases in which the occupation, whether permanent or temporary, is unobjectionable.

(b) Cases in which temporary occupation, is unobjectionable but permanent occupation is objectionable.

(c) Cases in which the occupation, whether permanent or temporary is objectionable."

6. The learned Senior Counsel appearing for the petitioner would further contend that when the occupation of the land in question is an unobjectionable, the request of the petitioner can be considered.

7. The above issue need not be gone into by us in this writ petition as the petitioner has got an efficacious alternative remedy under Section 10 of the Act.

8. Hence, leaving all the issues both factual and legal, open, we permit the petitioner to prefer appeal, before the Appellate Authority, within a period of thirty days from today, in case under the Act the statutory limitation period is expired. On filing such appeal, the Appellate Authority shall consider the same and pass necessary orders on merits and in accordance with law, within a period of three months from the date of filing of the appeal.

9. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.N., J.] [D.B.C., J.] 04.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Pudukottai District, Pudukottai.

2.The District Revenue Officer, Pudukottai District, Pudukottai.

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

4.The Tahsildar, Thirumayam Taluk, Pudukottai District.

5.The Revenue Inspector, Thirumayam Circle, Thirumayam Taluk, Pudukottai District.

S.VAIDYANATHAN , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and W.M.P.(MD) No.13568 of 2023 04.07.2023