Madras High Court
D.Ramakrishnan vs The District Collector on 11 January, 2021
WP.No.500 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.01.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
WP.No.500 of 2021
and W.M.P.Nos.573 & 800/2021
D.Ramakrishnan .. Petitioner
Versus
1.The District Collector,
Salem District, Salem.
2.The Superintendent of Police,
Salem Police,
Nethimedu, Salem 636 002.
3.The Superintendent Engineer,
Tamil Nadu Police Housing Corporation Ltd.,
North Circle, No.1&7, Inspector's Quarters,
PGR Line, Behind COP Building,
Linemedu, Salem 636 006.
5.The Tahsildar,
Manakkadu,
Salem Taluk Office, Kannankurichi Main Road,
Salem.
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WP.No.500 of 2021
6.The Executive Officer,
Panamarathupatti Town Panchayat,
Panamarathupatti,
Salem Taluk, Salem District.
7.The Sub-Inspector of Police,
Panamarathupatti Police Station,
Salem Taluk, Salem District. .. Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of Certiorarified Mandamus calling
for the records of the 1st respondent impugned proceeding in
Na.ka.3956/2017/K4 dated 06.06.2017 quash the same consequently,
restraining the respondents from putting up the constructions in
S.No.39/2 sub-divided as 39/13 for panamarathupatty Police Station.
For Petitioner : Mr.K.Sathish Kumar
For Respondents : Mr.V.Jayaprakash Narayanan
Government Pleader
for R1, R2, R4 to R7
Mr.R.Vijayakumar
Additional Government Pleader for R3
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J. through
video conferencing]
The father of the petitioner as well as the petitioner herein had
filed O.S.No.204 of 2017, on the file of the Court of Additional District
Munsif at Salem, against the Collector of Salem District (1st respondent
herein), the District Revenue Officer, Salem, the Revenue Divisional
Officer, Salem, the Tahsildar, Salem and the Village Administrative
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WP.No.500 of 2021
Officer, Panamarathupatty for Salem District, praying for judgment and
decree for permanent injunction restraining the defendants, their men,
agents, sub ordinates and servants from in any manner disturbing or
evicting the plaintiffs from the landed property admeasuring an extent of
0.23 cents in Panamarathupatty Village, S.F.No.39/2, except under due
process of law and the Suit has been entertained and it is pending without
any interim orders.
2. The primordial submission made by the learned counsel
appearing for the petitioner is that admittedly, the 2nd respondent took
steps to land a Police Station in a part of land in S.F.No.46/6 of
Panamarathupatty Village and the 1st respondent vide proceedings dated
03.06.2013, has accorded enter upon permission, in respect of portion of
the land, admeasuring an extent of 0.04.0 hectares in the said land and
the Home (Police X) Department, Government of Tamil Nadu, vide order
in G.O.Ms.No.310, dated 09.05.2018, sanctioned additional amount. It is
the further submission of the learned counsel appearing for the petitioner
that for the reasons best known, the said proposal has been shelved and
now the 2nd respondent has identified a property in S.F.No.39/2 of
Panamarathupatty Village for location of the Police Station, overlooking
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WP.No.500 of 2021
the fact that the father of the petitioner, who is also the owner of the
adjacent land in S.F.No.39/1, is also in possession of the land in
S.F.No.39/2 of Panamarathupatty Village for decades together.
3. The learned counsel appearing for the petitioner on a legal issue
made the submission that in the light of Rule No.4 of Tamil Nadu
Panchayat (Restriction and Control to regulate the use of porombokes in
ryotwari tracts) 2000, attempt on the part of the official respondents to
forcefully evict the petitioner from the land in question without resorting
to due process of law, is per se unsustainable and prays for interference.
4. Mr.V.Jayaprakash Narayanan, learned Government Pleader
accepts notice on behalf of the respondents 1, 2, 4 and 7 and
Mr.R.Vijayakumar, learned Additional Government Pleader accepts
notice on behalf of the 3rd respondent and would submit that admittedly,
the petitioner is not having the benefit of any interim orders in the
pending Suit in O.S.No.204/2017 and that apart, filed
W.P.No.12066/2020, praying for issuance of a Writ of Mandamus
forbearing the very same respondents from illegally removing him from
the land in S.No.39/2 of Panamarathupatty, without initiating the
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WP.No.500 of 2021
proceedings under the provisions of the Tamil Nadu Land Encroachment
Act, 1905 and the said Writ Petition came to be dismissed, vide order
dated 05.10.2020 by the Division bench of this Court, in which one of us
forms part of the Coram (Honourable Mr.Justice M.Sathyanarayanan)
and as such, the present Writ Petition lacks merit and substance and
prays for dismissal of the same, with exemplary costs.
5. This Court has carefully considered the rival submissions and
also perused the materials placed before it.
6. In the light of the fact of applicability of the Tamil Nadu District
Municipalities Act, 1920, the legal stand taken by the learned counsel
appearing for the petitioner as to the invocation of Rule No.4 of the
Tamil Nadu Panchayat (Restriction and Control and regulate the use of
poromboke and ryotwari tracks) 2000, have no application. Admittedly,
the petitioner has filed the Suit for permanent injunction in
O.S.No.204/2017, against some of the official respondents praying for
permanent injunction restraining them from interfering with his peaceful
possession and enjoyment of the land in question and there are no interim
orders are in operation. It also appears from the 'A' Registrar that the
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WP.No.500 of 2021
ownership of the father of the petitioner in respect of the land
admeasuring an extent of 0.21.0 ares in S.F.NO.39/1 and 39/2 is shown
as 'Kalankuthu Poromboke' and the petitioner, on an earlier occasion,
filed WP.No.12066 of 2020, for almost similar relief and on detailed
consideration of the submissions made, this Court has dismissed the said
Writ Petition vide order dated 05.10.2020 and admittedly, no challenge
has been made to the said order.
7. In the absence of any interim order in the pending Civil Suit in
O.S.No.204/2017, on the file of the Additional District Munsif at Salem,
coupled with the fact that the land has been classified as Kalankuthu
Poromboke as per the 'A' Registrar of the said village, this Court is of the
considered view that there is no merit in this Writ Petition and deserves
dismissal.
8. In the result, the Writ Petition is dismissed. No costs.
Consequently connected miscellaneous petitions are closed.
[M.S.N.,J] [A.A.N.,J.]
11.01.2021
sk
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WP.No.500 of 2021
Internet:Yes /No
Index: Yes/ No
To
1.The District Collector,
Salem District, Salem.
2.The Superintendent of Police,
Salem Police,
Nethimedu, Salem 636 002.
3.The Superintendent Engineer,
Tamil Nadu Police Housing Corporation Ltd.,
North Circle, No.1&7, Inspector's Quarters,
PGR Line, Behind COP Building,
Linemedu, Salem 636 006.
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WP.No.500 of 2021
M.SATHYANARAYANAN, J.,
AND
A.A.NAKKIRAN, J.,
sk
5.The Tahsildar,
Manakkadu,
Salem Taluk Office, Kannankurichi Main Road,
Salem.
6.The Executive Officer,
Panamarathupatti Town Panchayat,
Panamarathupatti,
Salem Taluk, Salem District.
7.The Sub-Inspector of Police,
Panamarathupatti Police Station,
Salem Taluk, Salem District.
WP.No.500 of 2021
11.01.2021
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