Madras High CourtWP(MD)/17785/2023dismissed

Thomson.T v. The District Collector

2023-08-01Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.17785 to 17788 of 2023 and W.M.P(MD)Nos.14848 to 14852 of 2023 W.P(MD)No.17785 of 2023:

S.Thomson ... Petitioner Vs.

1.The District Collector, Collectorate, Kanyakumari District at Nagercoil.

2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Nagercoil, 4.The Tahsildar, Tahsildar Office, 1/10

5.The Block Development Officer / Special Officer, Arumanallur Panchayat, Thovalai Panchayat Union, 6.The Commissioner, Thovalai Panchayat Union, 7.The Village Administrative Officer, Arumanallur Village, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings dated 15.02.2023 passed by the sixth respondent and quash the same. For Petitioner : Mr.M.P.Senthil For Respondents : Mr.K.Balasubramani Special Government Pleader W.P(MD)No.17786 of 2023:

C.Sahaya Subha ... Petitioner Vs.

1.The District Collector, Collectorate, Kanyakumari District at Nagercoil.

2/10

2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Nagercoil, 4.The Tahsildar, Tahsildar Office, 5.The Block Development Officer / Special Officer, Arumanallur Panchayat, Thovalai Panchayat Union, 6.The Commissioner, Thovalai Panchayat Union, 7.The Village Administrative Officer, Arumanallur Village, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings dated 15.02.2023 passed by the sixth respondent and quash the same. For Petitioner : Mr.M.P.Senthil For Respondents : Mr.K.Balasubramani Special Government Pleader 3/10

W.P(MD)No.17787 of 2023:

A.Thangam ... Petitioner Vs.

1.The District Collector, Collectorate, Kanyakumari District at Nagercoil.

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings dated 15.02.2023 passed by the sixth respondent and quash the same. For Petitioner : Mr.M.P.Senthil For Respondents : Mr.K.Balasubramani Special Government Pleader W.P(MD)No.17788 of 2023:

Anitha ... Petitioner Vs.

1.The District Collector, Collectorate, Kanyakumari District at Nagercoil.

2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Nagercoil, 4.The Tahsildar, Tahsildar Office, 5/10

2. By the impugned proceedings, the petitioners have been directed to vacate the petition mentioned lands. It is not in dispute that the Survey No. 213/5 and Survey No.96 are water bodies known as "Sekkadikulam". The 6/10

petitioners have not been granted patta and their possession was never recognized or regularized. One David filed W.P(MD)No.2797 of 2019 for directing the authorities for removal of the encroachments made in the aforesaid water body. The writ petition was disposed. Since no action was taken, David filed Cont P(MD)No.1612 of 2021. That triggered the issuance of the impugned notices. We do not find any ground to interfere with the impugned proceedings. The petitioners have been occupying a water body and the same cannot be condoned.

3. However, we called upon the respondents to consider allotting alternative sites to the petitioners. Today when the matter was taken up for hearing, it is submitted that the District Collector, Kanyakumari has issued proceedings dated 31.03.2023 allotting house sites in favour of all the four petitioners herein. The learned counsel appearing for the petitioners apprehends that since the allotments made in favour of some other persons were cancelled and in their places the petitioners were given allotments, this can give rise to possible litigation and controversy in future.

4. That may be so. But on that ground we cannot interfere with the impugned orders. Considering the facts and circumstances of this case, the 7/10

petitioners are given six months from today (01.08.2023) to vacate the petition mentioned premises. It is for the petitioners to make alternative arrangements in the meanwhile. The impugned orders are sustained.

5. These writ petitions are dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 01.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Collectorate, Kanyakumari District at Nagercoil.

2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Nagercoil, 4.The Tahsildar, Tahsildar Office, 8/10

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA W.P(MD)Nos.17785 to 17788 of 2023 and W.M.P(MD)Nos.14848 to 14852 of 2023 01.08.2023 10/10