W.P.No.23419/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.23419/2022
R.Vimal Rajkumar ... Petitioner
-vs-
1. The Executive Chairman,
Naduvattam Town Panchayat,
Nilgiris District.
2. Assistant Conservator of Forests,
Forest Protection Squad,
Udhagai-1, Nilgiris. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking for issuance of a Writ of Mandamus, directing the respondents
to consider the petitioner's representation dated 27.07.2022 not to
disturb the petitioner's peaceful possession.
For Petitioner : Mr.P.D.Selvaraj
For Respondents : Mr.C.Jayaprakash,
Government Advocate for R1
Mr.K.V.Sajeev Kumar,
Special Government Pleader for R2
ORDER
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https://www.mhc.tn.gov.in/judis W.P.No.23419/2022 (Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 27.07.2022 not to disturb his peaceful possession.
2. Learned Counsel appearing for the petitioner would submit that the petitioner along with his family members are in possession of the lands comprised in Survey No.227/1, 169 bearing Door No.18/97- A & 18/97-B in T.R.Bazaar, Naduvattam Town in Nilgiris District for more than 45 years and the said lands are also classified as 'Grama Natham'. The petitioner's father also obtained approval for construction in the said site on 02.06.1989 from the 1st respondent. That apart, the petitioner's father also obtained licence for running carrot farming in the said site from the concerned authorities on 27.02.1998 which has been periodically renewed after payment of the necessary taxes to the Government. More than that, the Local Authorities have also issued Ration Card, Electricity Connection in the name of the petitioner's father and the Water Tax and Occupational Tax are being paid to the Government periodically without fail.
3. Learned Counsel for the petitioner would further submit 2/6 https://www.mhc.tn.gov.in/judis W.P.No.23419/2022 that in the meanwhile, one A.Sathyaraj tried to encroach the petitioner's peaceful possession and enjoyment in the property-in- question. Therefore, a Civil Suit in O.S.No.75/2011 was filed before the Principal District Munsi, Gudalur seeking permanent injunction and the learned trial court by an order dated 24.03.2014 granted permanent injunction in favour of the petitioner herein. However, being aggrieved by the said order, the said A.Sathyaraj preferred an appeal in A.S.No.12/2017 before the learned Subordinate Judge, Gudalur and the same was dismissed by judgment dated 05.12.2017. However, the 1st respondent herein, joining hands with the said Mr.A.Sathyara, has issued a notice dated 09.10.2017 followed by a final notice dated 28.02.2018 thereby trying to evict the petitioner from the building-in-question. Therefore, the petitioner has given a representation dated 05.07.2020 to the 1st respondent. Since there is no response for the same, he has been advised to approach this Court by filing the present Writ Petition.
4. Mr.C.Jayaprakash, learned Government Advocate takes notice for 1st respondent and Mr.K.V.Sajeev Kumar, learned Special Government Pleader takes notice for 2nd respondent.
5. Learned Special Government Pleader appearing for the 2nd 3/6 https://www.mhc.tn.gov.in/judis W.P.No.23419/2022 respondent urging this Court to dismiss the Writ Petition further drawing our notice to paragraph 15 of the affidavit filed in support of the writ petition stated that when the petitioner himself has admitted his case that the 1st respondent has demolished the building-in- question on 03.10.2020 for the reason that it was unauthorizedly put up, he has no right to approach this Court with a prayer to consider his representation dated 05.07.2020.
6. We are also able to find some merits on the submissions of the learned Special Government Pleader appearing for the 2nd respondent. The reason being that when the petitioner himself has admitted in paragraph 15 of the affidavit filed in support of the writ petition that during the pendency of his representation dated 05.07.2020 which was given after the notice dated 28.02.2018, the 1st respondent has demolished the building-in-question on 03.10.2020 as it is an unauthorized one, the writ petition ought not to have been filed. Therefore, the Writ Petition is liable to be dismissed as the prayer in the writ petition has already become infructuous. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.23419/2022
7. In the result, the Writ Petition fails and the same is accordingly dismissed. No costs.
(T.R.J.,) (P.D.A.J.,)
06.09.2022
tsi
To
1. The Executive Chairman,
Naduvattam Town Panchayat,
Nilgiris District.
2. Assistant Conservator of Forests,
Forest Protection Squad,
Udhagai-1, Nilgiris.
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https://www.mhc.tn.gov.in/judis
W.P.No.23419/2022
T.RAJA, J.
AND
P.D.AUDIKESAVALU, J.
tsi
W.P.No.23419 of 2022
06.09.2022
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https://www.mhc.tn.gov.in/judis