Madras High Court
Chidambaram Poosali vs The District Collector on 1 July, 2021
W.P. No. 12376 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.P. No. 12376 of 2021
Chidambaram Poosali ... Petitioner
Vs.
1. The District Collector
Kallakurichi District
Kallakurichi.
2. The Commissioner
Office of Municipality
Kallakurichi Taluk & District.
3.The Tahsildar
Kallakurichi Taluk & District.
4. Durai @ Duraikannu
5. Chitti @ Chitti Babu
6. Murali
7. Ganesan
8. Amudha ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the Respondents 1 to 3,
particularly, the Second Respondent to initiate necessary steps, including
penal action to remove the encroachments made by the Respondents 4 to 7
1/7
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W.P. No. 12376 of 2021
in the subject temple land, comprised in Survey No.293/6A to an extent of
Acres 2.50 cents, situated at Kallakurichi Taluk and District on the basis of
the representation dated 05.10.2020 sent to the Respondents 1 to 3
including District Revenue Officer, Kallakurichi.
For Petitioner : Mr. R.Thanjan
For Respondents : Mrs. R.Anitha (For R1 & R3)
State Government Counsel
Mr. L.P.Maurya (For R2)
ORDER
(Order of the Court was passed by N.KIRUBAKARAN, J)
The Petitioner has come before this Court seeking Writ of Mandamus,
directing the Official Respondents to take action including penal action
against the Private Respondents 4 to 8 to remove the encroachments made
by them in the subject temple land, comprised in Survey No. 293/6A to an
extent of 2.50 cents situated at Kallakurichi Taluk and District.
2. It is a specific case of the Petitioner that he is a Hereditary Trustee of
Sri Mariamman Temple, which owns to an extent of 2.50 cents of Natham
poramboke land, comprised in Survey No. 293/6A at Kallakurichi Taluk
and District, which was also confirmed by a Decree and Judgment dated
03.08.1978 filed against the State of Tamil Nadu, represented by the
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W.P. No. 12376 of 2021
Collector of South Arcot, Cuddalore and others made in O.S. No. 333 of
1977 on the file of the District Munsif Court, Kallakurichi.
3. When things stands so, the Private Respondents 4 to 8 encroached
upon the property putting up construction. Therefore, the Petitioner has
filed Writ Petition in W.P. No. 31843 of 2015 before this Court, which was
disposed of vide order dated 08.10.2015. Since the said order was not
complied with, the Petitioner filed a Contempt Petition in Cont. P. No. 552
of 2017. Subsequently, the said encroachment was removed by the Second
Respondent on 17.06.2016 and recording the same, the said Contempt
Petition was closed. Even thereafter, the Private Respondents 4 to 8
encroached upon the said property. Therefore, the Petitioner
gave a reprsentation dated 05.10.2020 to the First to Third Respondents
including District Revenue Officer, Kallakurichi. Since no action has been
taken so far, the Petitioner has come before this Court.
4. During the earlier hearing on 07.06.2021, this Court directed the
Second and Third Respondents to have a joint inspection of the said
property, after giving notice to the Petitioner as well as the Private
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W.P. No. 12376 of 2021
Respodents 4 to 8 to find out as to whether encorachments have been made
in the said property comprised in old Survey No. 293/6A, new Survey
No. 450/1 and file a report in that regard.
5. Heard Mr. R.Thanjan, Learned Counsel for the Petitioner,
Mrs. R.Anitha, Learned State Government Counsel appearing for the First
and Third Respondents and Mr. L.P.Maurya, Learned Standing Counsel
appearing for the Second Respondent, and perused the materials placed on
record, apart from the pleadings of the parties.
6. Mr. L.P.Maurya, Learned Standing Counsel appearing for the Second
Respondent submits that a joint inspection had been conducted
on 23.06.2021 and it is found that encroachments have been made by the
Private Respondents 4 to 8 in the form of parking shed made of asbestos
sheets in old Survey No. 293/16A and new Survey No. 450/1 and they have
been removed, pursuant to the orders passed by this Court in this Writ
Petition on 07.06.2021.
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W.P. No. 12376 of 2021
7. It is stated in Paragraph No. 4 of the Status Report filed by the
Second Respondent that though the Petitioner claims that the
encroachments have been made by the Private Respondents 4 to 8 in the
Temple land, comprised in Survey No. 293/6A, as per the Revenue records
the 'Temple land' is situated in S.F. No. 443/19, whereas the encroachments
in the form of parking shed made of asbestos sheets, were made by the
Private Respondents 4 to 8 at S.F. No. 293/16A and new Survey No. 450/1,
which has been classified as 'Street', which is being maintained in the
interest of public. However, whether it is a temple land or street, the Private
Respondents 4 to 8 have no right to encroach upon them, which obstructs
the movement of the vehicles. Though the said encroachments have been
removed, to prevent or prohibit the Private Respondents 4 to 8 from making
any encroachment in the future, penal action as per the Criminal Law has to
be taken by the authorities against the Private Respondents 4 to 8
/encroachers. Only if the penal action is taken as per the law, it will deter
the encroachers from encroaching upon the property. The duties of the
Official Respondents do not end up removing encroachments alone.
Therefore, the Official Respondents are directed to initiate penal action
against the Private Respondents 4 to 8 /encroachers.
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W.P. No. 12376 of 2021
8. With the above direction, this Writ Petition is disposed of. No costs.
[N.K.K., J.] [S.K., J.]
01.07.2021
Maya
Index : Yes
Internet : Yes
Speaking order
To
1. The District Collector
Kallakurichi District
Kallakurichi.
2. The Commisioner
Office of Municipality
Kallakurichi Taluk & District.
3.The Tahsildar
Kallakurichi Taluk & District.
https://www.mhc.tn.gov.in/judis/
W.P. No. 12376 of 2021
N.KIRUBAKARAN, J.
and
S.KANNAMMAL, J
Maya
W.P. No. 12376 of 2021
Dated : 01.07.2021
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