Madras High Court
The President vs S. Chandrasekar on 1 September, 2021
W.A.No.2180 of 2021
and C.M.P.No.13768 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.2180 of 2021
and C.M.P.No.13768 of 2021
The President,
Eachempatti Village,
Kallakurichi Panchayat,
Senthamangalam Taluk,
Namakkal District. ... Appellant
Vs.
1. S. Chandrasekar
2. The District Collector,
Office of the District Collector, Namakkal District.
3. The Assistant Director (Land Survey)
Office of the District Collector, Namakkal District.
4. The Block Development Officer,
Senthamangalam Taluk,
Namakkal District. .. Respondents
***
Prayer : Writ Appeal filed under Clause 15 of Letters Patent praying to set
aside the order dated 29.04.2021 passed in W.P.No.17489 of 2020 and to
allow the above writ appeal.
***
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W.A.No.2180 of 2021
and C.M.P.No.13768 of 2021
For Appellant : Mr.C.Prabakaran
For Respondent-1 : Mr.T.Balaji
For Respondents-2 to 4 : Mr.T.N.C.Kaushik
State Government Counsel
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The writ appeal is filed by the President of the Kallakurichi Panchayat,
challenging the order dated 29.04.2021 passed in W.P.No.17489 of 2020.
2. The writ petitioner is the owner of the property situated in Survey
No.23/3 in Echampatti Village, Senthamangalam Taluk to an extent of 3.50
acres, which he got it by way of family Partition Deed dated 11.06.2003. The
prayer in the writ petition was to remove the concrete road laid in Survey
No.23/3 by the appellant herein on the patta land in Plot Nos.36, 48, 59 and 69
of Echampatti Village, Kallakurichi Panchayat. The writ petitioner also seems
to have sent a representation in this regard on 06.10.2020. Pending writ
petition, an inspection was conducted by the Tahsildar, Senthamangalam and a
report was also filed with respect to Survey No.23/3. The report of the
Tahsildar also clearly indicates that there is an encroachment. Hence,
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W.A.No.2180 of 2021
and C.M.P.No.13768 of 2021
considering the same, the writ Court had directed the respondent-authorities to
remove the encroachment in S.No.23/3, as per law, on the basis of the report
of the Tahsildar, Senthamangalam dated 04.01.2021, within a period of six (6)
weeks from the date of receipt of a copy of that order. Aggrieved by the same,
the above writ appeal is filed by the appellant/fourth respondent.
3. It is not denied that the land belongs to the first respondent herein. It
is also not the case of the appellant that the road was laid on the first
respondent's property with his consent or after giving him due communication.
It is also not the case of the appellant that he had taken steps to acquire the
said land for the purpose of laying road for the benefit of the people of the
village. The land of the first respondent has just like been occupied and road
has been laid.
4. The learned counsel for the first respondent also produced the
proceedings of the Deputy Director, Rural Development, Namakkal in
Na.Ka.No.2887/2021/C.ep/5, dated 13.08.2021, in which, a request has been
made to the Block Development Officer, Senthamangalam to carry on the
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W.A.No.2180 of 2021
and C.M.P.No.13768 of 2021
work of removal of encroachment, as per the order of the Writ Court and
report to the office of the Block Development Officer.
5. As already the officials have taken action to remove the
encroachments on the one hand, and on the other hand, the appellant/fourth
respondent, pursuant to the order of the Writ Court, had filed the above writ
appeal to stall its own proceedings, even without consulting the Block
Development Officer or the other authorities. In such view of the matter, we
do not find any error or defect in the order of the learned single judge,
warranting interference by this court.
6. Accordingly, the Writ Appeal is dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
[P.S.N. J.] [K.R. J.]
01.09.2021
Index : Yes/No
Internet : Yes/No
srn/sp
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W.A.No.2180 of 2021
and C.M.P.No.13768 of 2021
To
1. The District Collector,
Office of the District Collector,
Namakkal District.
2. The Assistant Director (Land Survey)
Office of the District Collector,
Namakkal District.
3. The Block Development Officer,
Senthamangalam Taluk,
Namakkal District.
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W.A.No.2180 of 2021
and C.M.P.No.13768 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn/sp
W.A.No.2180 of 2021
and
C.M.P.No.13768 of 2021
01.09.2021
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