Madras High Court
Chidambaram Poosali vs The District Collector on 1 July, 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 Commisioner
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 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
https://www.mhc.tn.gov.in/judis/
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 against the Private
Respondents including penal action to remove the encroachments made by the
Private Respondents 4 to 7 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 the specific case of the Petitioner that he is a Hereditary Trustee of
Sri Mariamman Temple, which owns an extent of 2.50 cents of Natham
poramboke land comprised in Survey No. 293/6A at Kallakurichi, which was
also confirmed by a Decree and Judgment dated 03.08.1978 by the Temple
against the State of Tamil Nadu represented by the Collector of South Arcot,
Cuddalore and other authorities made in O.S. No. 333 of 1977 on the file of the
District Munsif Court, Kallakurichi.
https://www.mhc.tn.gov.in/judis/
3. When things stands so, the Private Respondents 4 to 7 encroached upon
the property putting up construction. Therefore, the Petitioner filed this Writ
Petition in W.P. No. 31843 of 2015 before this Court, which was disposed on
08.10.2015. The said order was not complied with, which compelled the
Petitioner to file Contempt Petition in Cont. P. No. 552 of 2017 and
subsequently, the said encroachment was removed by the Second Respondent
on 17.06.2016. Thereafter, the Contempt Petition was closed.
4. Even after that the Private Respondents 4 to 7 again ............ encroached
upon the property. In view of that, the Ptitioner gave reprsentation to the
authorities on 05.10.2020, which was not disposed which is neither disposed
nor action has been taken. Therefore, the Petitioner is before this Court.
This Court by order dated 07.06.2021 directed the Second and Third
Respondents to make a joint inspection of the property after giving notice to the
Petitioner and the Private Respodents to find out whether the encorahcment
have been made in Survey No. 283/6A new Survey No. 450/1 and filed a
report.
Heard Mr. Mouria, Learned Counsel appearing for the Local Body
submits that a survey do not conducted and it is found that the encroachments
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have been made in the form of parking shed and also erecting aspesto shed in
old Survey No. 283/6A and new Survey No. 450/1 and they have been removed
pursuant to the orders passed by this Court in this Writ Petition.
Since there was encroachment again and it was cound during the
inspection, the Private Respondents were directed to remove the encroachments
and they removed also on 23.06.20210. It is stated in Paragraph 4 of the
Affidavit status report filed by the Second Respondent through the Petiitoner
claim that the encroachment have been made by the Private Respondents in the
Temple land comprised in Survey No. 293/6A. The Temple land actually
situated in 450/19 whereas the encroachment in the form of parking shed and
erection of aspesto shed was raised by the Private Respondents in Survey No.
283/15A and new Survey No. 450/1 which has been classified as street.
Whether it is a temple land or street the private Respondents has not right to
encroach upon the property and it will obstruct the disturbances as well as the
movement of the vehicles. Irrespective of the classification it is found to be ....
Though the Petitioner claim that it is a Temple land it is found to
be road which has been maintained as a road in the interest of the public. Since
the encroachments in future penal action has to be necessarily taken. Penal
action has to be taken by the authorities against the encroachers only if penal
action is taken as per the Criminal law that will deter the encroachers that will
encroaching upon the property.
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With the above direction, this Writ Petition is disposed of.
The duties of the Official Respondents do not end with removing
encroachment which will recuring the past encroachment also the Official
Respondents are directed to initiate criminal action against the encroachers.
[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/
N.KIRUBAKARAN, J.
and
S.KANNAMMAL, J
Maya
W.P. No. 12376 of 2021
Dated : 01.07.2021
https://www.mhc.tn.gov.in/judis/
