Madras High Court
N.Senthamarai vs 6 The Head Master on 30 June, 2021
W.P.No.6861 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.6.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.6861 of 2019 and
W.M.P.No.7623 of 2019
1 N.Senthamarai
S/O. MR. Narasimma Naicker,
No 74 Bangalore Main Road, Santhavelur Village,
Sriperumbudur Taluk, Kancheepuram District. ... Petitioner
Vs.
1 The District Collector,
Kancheepuram district
2 The Revenue Divisional officer,
Kancheepuram.
3 The Tahsildar
Sriperumbudur taluk, Sriperumbudur, Kancheepuram Dist.
4 The Block Development Officer
Sriperumbudur Panchayat Union,
Sripeurmbudur taluk, Kancheepuram district
5 MR.G.C.Jain
S/O. Julam Jain No 6, Santha Nivas
Bangalore Main road, Sunguvarchatram
6 The Head master
Panchayat Union School, Sunguvarchathiram
Santhavelur village, Sriperumbudur Taluk,
Kancheepuram district. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
W.P.No.6861 of 2019
Prayer : Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondent 1 to
4 to reconstruct and restore the Santhavelur Panchayat Union School
compound wall to its original position as it was before the demolition based on
the petitioner's representation, dated 19-7-2017 as there was no any street
named called school street.
For Petitioner : Mr.P.Balamurugan
For Respondents 1 to 3 : Mr.M.R.Gokulkrishnan, G.A.
For Respondent No.4 : Mr.Jayaprakash Narayanan
For Respondent No.5 : Mr.K.M.Balaji
For Respondent No.6 : No appearance
*****
ORDER
According to the petitioner, petitioner being the ex-President of
Grama Seva Sangham, purchased the property situated at S.No.37/5 in the
year 1962 and executed gift deeds in favour of the Panchayat Union School,
Sriperumbudur.
2. The 5th respondent herein filed a suit in O.S.No.270 of 1990 before
the Civil Court for permanent injunction and the same was dismissed. The
First Appellate Court reversed the judgment and decree of the trial court in
the Appeal preferred by the first defendant in A.S.No.11 of 2004. Panchayat
Union School have preferred S.A.No.902 of 2005 and subsequently, gift deed
was executed.
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W.P.No.6861 of 2019
3 Further, the 5th respondent herein has filed a writ petition before
this Court in W.P.No.28595 of 2015 by suppressing the material fact in the
aforesaid writ petition by seeking direction to the respondents 1 to 4 therein
for removal of encroachment put up at the School street, Jain Nagar,
Sunguvarchatram, Sriperumbudur Taluk, Kancheepuram District. Based on the
stand taken by the second respondent herein the Division Bench of this Court
has passed the order. According to the petitioner, actually, there is no such
street as found from the records. Based on the aforesaid order, the said
compound wall was removed.
4 Now, the petitioner being the ex-President of Grama Seva
Sangham has preferred the instant writ petition for the aforesaid relief. The
petitioner further submitted that the petitioner also filed Review petition in
R.P.No.4 of 2018 in W.P.No.28595 of 2015 and the same was dismissed with
liberty granted to the petitioner to approach the competent forum in
accordance with law. According to the petitioner, the 5th respondent
suppressed the material fact in the aforesaid writ petition by seeking direction
to the respondents 1 to 4 therein for removal of encroachment put up at the
School street, Jain Nagar, Sunguvarchatram, Sriperumbudur Taluk,
Kancheepuram District. According to the petitioner, actually, there is no such
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W.P.No.6861 of 2019
street as found from the records. Therefore, the aforesaid compound wall has
to be restored to its original position.
5. The learned counsel appearing for the 5th respondent would
submit that in the counter affidavit, dated 30 October 2015 filed by the second
respondent herein viz., Revenue Divisional Officer, Kanchipuram District has
taken a clear stand that Santhavellore Panchayat Union School encroached the
land in question and constructed a compound wall for the school. It is further
contended that it is for the fourth respondent-Village Panchayat and the third
respondent, viz., Block Development Officer, Sriperumbudur Panchayat Union,
to remove the encroachment in accordance with law. Based on the counter
affidavit filed by the official respondents as well as Panchayat in W.P.No.
28595 of 2015, the Division Bench of this Court has passed the following order:
“On consideration of the averments made in the
writ petition as well as counter affidavits, as afore
stated, it appears that there is a dispute qua the
encroachment and as such, the third respondent is
directed to have a spot inspection of the place in
question and take necessary steps for removal of the
encroachment, if, on inspection, it is found that there is
an encroachment, in accordance with law, after
affording an opportunity of hearing to the alleged
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W.P.No.6861 of 2019
encroachers. The entire exercise shall be completed
within a period of four weeks from the date of receipt
of a copy of this order.”
Pursuant to the aforesaid order, the said compound wall was removed. The
gift deed was executed by the 5th respondent in favour of the Panchayat only in
respect of the formation of road and the dispute raised by the petitioner is
that the compound wall constructed in the land belonging to the Panchayat
School is totally encroached. If the petitioner is aggrieved, he can agitate the
matter by placing the revenue records, examining the witnesses before the
Civil Court.
6 The learned Government Advocate appearing for the respondent
would submit that if the petitioner is aggrieved, he may seek remedy before
the authority concerned and without resorting to the remedy available, the
writ petition is not maintainable.
7. The petitioner has filed the instant writ petition in the capacity
as ex-President of the Panchayat, has not explained facts before this Court as
to how the petitioner is an aggrieved person seeking such prayer. He has not
filed the writ petition as a Public Interest Litigation. On perusal of the
affidavit and typed set of papers, the entire allegations made by the petitioner
against the 5th respondent is misleading statement in the earlier writ petition.
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W.P.No.6861 of 2019
8. The 5th respondent has preferred writ petition in W.P.No. 28595
of 2015. In the said writ petition, the revenue officials have filed counter
affidavit. Relying upon the stand taken by the second respondent in the
counter affidavit, the Division Bench of this passed an order directing the
authorities concerned for removal of encroachment after spot inspection. The
petitioner has filed the instant writ petition by stating that the 5th respondent
suppressed the material fact in the aforesaid writ petition for removal of
encroachment put up at the School street, Jain Nagar, Sunguvarchatram,
Sriperumbudur Taluk, Kancheepuram District and obtained order of this Court.
According to the petitioner, actually, there is no such street as found from the
records. All these facts are raised by the petitioner in the Review application
and subsequently, the Review application was dismissed as withdrawn.
Further, all these are disputed facts shall not be gone into under Article 226 of
Constitution of India.
9. However, the petitioner has not refuted the contention raised in
the counter affidavit stating that the Panchayat Union School encroached the
gifted land and constructed a compound wall for the school, further the
petitioner has not placed any revenue records or any other documents before
this Court in support of his contention.
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W.P.No.6861 of 2019
10. In such view of the matter, prima facie, no case is made out in
the writ petition. Hence, the writ petition is liable to be dismissed. It is open
to the writ petitioner to approach competent forum to seek relief, if so
advised.
11. In fine, the writ petition fails and dismissed accordingly. No
costs. Connected miscellaneous petition is closed.
30.6.2021
Speaking / Non Speaking order
Index : Yes/No
Internet : Yes/No
vaan
To
1 The District Collector, Kancheepuram District.
2 The Revenue Divisional officer, Kancheepuram.
3 The Tahsildar, Sriperumbudur taluk, Sriperumbudur, Kancheepuram Dist.
4 The Block Development Officer,
Sriperumbudur Panchayat Union, Sripeurmbudur taluk, Kancheepuram Dist.
https://www.mhc.tn.gov.in/judis/
W.P.No.6861 of 2019
D.KRISHNAKUMAR, J.
vaan
W.P.No.6861 of 2019 and
W.M.P.No.7623 of 2019
Dated: 30.6.2021
https://www.mhc.tn.gov.in/judis/
