Madras High Court
R.Karuppasamy vs The District Collector on 28 June, 2022
W.P.(MD)No.13475 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.13475 of 2022
and
W.M.P(MD)No.9567 of 2022
R.Karuppasamy ... Petitioners
Vs.
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Tashildar,
Watrap Taluk Office,
Watrap,
Virudhunagar District.
3.The Junior Engineer,
Public Works Department,
Watrap,
Virudhunagar District.
4.Maharajapuram Panchayat,
Rep. by it's Executive Officer,
Maharajapuram Watarap Taluk,
Virudhunagar District. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India,
to issue a Writ of Mandamus to forbear the respondent No.2 from
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W.P.(MD)No.13475 of 2022
removing the remaining fence, 27 coconut trees and plantains in
S.No.865/4, 865/13, 137/2, 137/3A, 137/3C, 839/4, 839/5 in an
extent of 4.52 acres in Maharajapuram Village, Watrap Taluk,
Virudhunagar District and consequently direct the 2nd respondent
herein to survey the property as per the representation of the
petitioner's father dated 06.06.2022.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents 1 to 3 : Mr.S.P.Maharajan
Special Government Pleader
***
ORDER
(Order of the Court was made by S.S.SUNDAR, J.)
This Writ Petition has been filed for issuance of a
Writ of Mandamus, seeking to forbear the respondent No.2 from
removing the remaining fence, 27 coconut trees and plantains in
S.No.865/4, 865/13, 137/2, 137/3A, 137/3C, 839/4, 839/5,
measuring an extent of 4.52 acres in Maharajapuram Village,
Watrap Taluk, Virudhunagar District and consequently to direct the
2nd respondent herein to survey the property as per the
representation of the petitioner's father dated 06.06.2022.
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W.P.(MD)No.13475 of 2022
2. Heard Mr.T.Lajapathi Roy, learned Counsel for the
petitioner as well as Mr.S.P.Maharajan, learned Special Government
Pleader, who takes notice on behalf of Respondents 1 to 3. By
consent of both parties, the Writ Petition is taken up for final
disposal at the admission stage itself.
3. It is the case of the petitioner that petitioner's
father had purchased the properties measuring 4.25 acres
comprised in S.No.865/4, 865/13, 137/2, 137/3A, 137/3C, 839/4,
839/5 in Maharajapuram Village. It is his further case that there is
an Odai called Nari Odai, which is running North-South. His
neighbour, who tried to purchase the said property from the vendor
of petitioner's father, instigated the respondents by giving a false
complaint as if the petitioner has encroached Nari Odai, which is
abutting petitioner's father's property on the Western side. It is
stated that petitioner's father is entitled to ownership, possessory
right in respect of the various land comprised in S.Nos.865/4,
865/13, 137/2, 137/3A, 137/3C, 839/4, 839/5.
4. The main grievance of the petitioner is that the
second respondent has not conducted survey in the presence of the
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W.P.(MD)No.13475 of 2022
petitioner to show that the petitioner has encroached in
Government Poramboke land or waterbody as alleged in the
impugned notice. Few representations were also given by the
petitioner before approaching this Court.
5. This Court is unable to appreciate the contentions
of learned counsel for the petitioner having regard to the specific
stand taken by learned Special Government Pleader. According to
learned Special Government Pleader, the respondents are
concerned with the encroachment made by the petitioner in respect
of the waterbody in S.No.802/1A and in respect of Government
Poramboke land in S.No.865/1 and that the petitioner had
encroached into the property of Government and waterbody. It is
stated by learned Special Government Pleader that the Government
has proceeded with the removal of encroachment after issuing
notice to the petitioner. It is also the specific case of learned Special
Government Pleader that survey was conducted in the presence of
the petitioner's father and he agreed to remove the encroachment.
6. In this factual matrix, this Court finds no merits in
the writ petition. As the respondents are not disturbing the
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W.P.(MD)No.13475 of 2022
petitioner in respect of the property, to which the petitioner has
title and for which petitioner has filed the writ petition. Therefore,
this Court finds no cause of action for filing this writ petition.
7. Though learned Special Government Pleader
states that survey was conducted in the presence of the petitioner,
he is not able to produce any material to show that survey was
conducted after issuing notice to the petitioner. Therefore, as it was
directed by this Court in several writ petitions, to find out the exact
portion the petitioner has encroached into Government Poramboke
land in Survey No.865/1 and Odai in Survey 802/1A, the
respondents are directed to initiate appropriate proceedings under
the provisions of Tamil Nadu Protection of Tanks and Eviction of
Encroachment Act, 2007 or Tamil Nadu Land Encroachment Act,
1905 as indicated in W.P.(MD) No.11933 of 2022 dated
16.06.2022 (R.Katturaja v. The District Collector, Madurai
District) and in W.P.(MD) No.11825 of 2022 dated 15.06.2022
(R.Gurusamy v. The Government of Tamil Nadu, through its
Secretary to Government, Revenue and Disaster
Management Department). If survey had already been conducted
and completed in the presence of the petitioner's father and the
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W.P.(MD)No.13475 of 2022
respondents have got proper proof, it is open to them to proceed
further in accordance with law as directed in the above two
judgments.
8. With the above directions, this Writ Petition stands
dismissed. There shall be no order as to costs. Consequently,
connected Miscellaneous Petition is closed.
[S.S.S.R., J.] [S.S.Y., J.]
28.06.2022
Index : Yes / No
sj
To
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Tashildar,
Watrap Taluk Office,
Watrap,
Virudhunagar District.
3.The Junior Engineer,
Public Works Department,
Watrap,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.13475 of 2022
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.13475 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
sj
W.P(MD)No.13475 of 2022
28.06.2022
https://www.mhc.tn.gov.in/judis
