Mr. D. Baskaran, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.5680 of 2013 and M.P(MD)Nos.1 and 2 of 2013 D.Baskaran : Petitioner Vs.
1. The District Collector,
2. The Superintending Engineer, State Highways, TVS Tollgate,
3. The Assistant Divisional Engineer, State Highways, Musiri,
4. The Revenue Divisional Officer, Musiri.
5. The Tahsildar, Thottiam Taluk, Thottiam. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records relating to the order passed by the third respondent in his proceedings M.No.W.P.2977/2013/A2 dated 28.03.2013 and quash the same.
For Petitioner : Mr.N.Shankar Ganesh For Respondents : Mr.M.Govindan Special Government Pleader
O R D E R
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] This Writ Petition is directed against the order dated 28.03.2013 on the file of the third respondent, directing the petitioner to remove the encroachment, failing which, it was indicated that the compound wall would be demolished.
2. The third respondent initiated proceedings against the petitioner alleging act of encroachment on a public road in Survey Nos.130/A1 and 159. The action taken for removal of encroachment was earlier challenged by the petitioner in W.P(MD)No.2977 of 2013. The said Writ Petition was disposed of by this Court by order dated 13.03.2013 giving direction to the third respondent to consider the objection and pass appropriate orders on merits.
3. It is a matter of record that the property was measured in the presence of the petitioner by the Revenue Inspector and the Village Administrative Officer. It was found that the petitioner was in unauthorised occupation of 0.00.64 sqm., in Survey 130/A1 and 0.00.84 sqm., in Survey No.159. It was only on the basis of the joint survey conducted by the third respondent in the presence of the petitioner, the impugned order was passed. The contention taken by the petitioner that his predecessor in interest had purchased the subject property would not hold good in view of the survey undertaken by the third respondent on the strength of official records.
4. We are of the view that there is no procedural illegality committed by the third respondent while passing the order impugned in this writ petition. The judicial review in a matter of this nature is very limited. It is not against the decision, as such, it is only against the decision making process.
5. It is not the case of the petitioner that due opportunity was not given before passing the impugned order. It is a matter of record that Pursuant to the direction given by this Court, due opportunity was given to the petitioner to submit his response and thereafter only the impugned order of eviction was passed. We therefore find no reason to interfere with the order impugned in this writ petition.
6. In the upshot, we dismiss the Writ Petition. No Costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The District Collector,
2. The Superintending Engineer, State Highways, TVS Tollgate,
3. The Assistant Divisional Engineer, State Highways, Musiri,
4. The Revenue Divisional Officer, Musiri.
5. The Tahsildar, Thottiam Taluk, Thottiam.
+1cc to Spl.Government Pleader Sr.No.65236 +1cc to Mr.N.Shankar Ganesh, Advocate Sr.No.64802 PM VB/SV/SRR4/21.07.2017/3P/8C Order made in W.P.[MD].No.5680 of 2013 11.07.2017