Madras High Court
T.Ramakrishnan vs The District Collector on 7 June, 2022
W.P.(MD)No.6130 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.6130 of 2022
T.Ramakrishnan ... Petitioner
Vs.
1.The District Collector,
Madurai District,
Madurai.
2.The Tashildar,
Madurai West Taluk,
Madurai.
3.The Block Development Officer,
Thirupparankundram Panchayat Union,
Thirupparankundram,
Madurai.
4.The President/Executive Officer,
Erkudi – Achampathu Panchayat,
Achampathu,
Madurai – 19.
5.A.Ramar @ Ramachandran ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 4
herein to remove the encroachments made by the 5th respondent
1/8
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W.P.(MD)No.6130 of 2022
herein in Survey No.61/31 in Achampathu Village, Madurai South
Taluk, Madurai District and consequently to direct the respondents
1 to 4 herein to maintain the said street without any obstruction or
encroachment for free ingress and egress for the public.
For Petitioner : Mr.K.Hemakarthikeyan
For Respondents 1 to 3 : Mr.S.P.Maharajan
Special Government Pleader
For Respondent No.4 : Mr.M.Siddharthan
Additional Government Pleader
For Respondent No.5 : No appearance
***
ORDER
(Order of the Court was made by S.S.SUNDAR, J.)
The petitioner, who is a resident of Door No.4/16,
Gandhi Nagar, Madurai, has filed the writ petition for issuing a Writ
of Mandamus, directing the respondents 1 to 4 herein to remove the
encroachments made by the 5th respondent herein in Survey No.
61/31 in Achampathu Village, Madurai South Taluk, Madurai
District and to give further direction to respondents 1 to 4 herein to
maintain the street without any obstruction or encroachment for
free ingress and egress of the public.
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W.P.(MD)No.6130 of 2022
2. It is the case of the petitioner that Survey No.
61/31 of Achampathu Village is classified as a street and that the 5 th
respondent, who has got his house adjacent to street, has
encroached the street to a substantial portion, thereby depriving
the right of public to have free access through the street.
3. It is also the case of the petitioner that he has
made a representation to the 4th respondent on 19.03.2011, but the
4th respondent had not initiated any action against the 5th
respondent. There were few other representations made by the
petitioner and ultimately this Court in the earlier writ petition filed
by the petitioner in W.P.(MD) No.7930 of 2011 has directed the
Revenue Divisional Officer, Madurai District to pass appropriate
orders on the representation of the petitioner regarding removal of
encroachment. Pursuant to the said order, it appears that the
Tahsildar, Madurai South has passed an order on 18.09.2011,
directing the 5th respondent to leave the road portion. Though there
was a subsequent communication that was addressed to the Block
Development Officer, Thirupparankundram in 2012 regarding
removal of encroachment within a time frame, there were no
further proceedings on account of the fact that the 5th respondent
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W.P.(MD)No.6130 of 2022
and his wife have filed a suit in O.S.42 of 2014 before the Additional
District Munsif Court, Thirumangalam, against the petitioner and
other respondents for permanent injunction restraining them from
interfering with the peaceful possession and enjoyment of the
petitioner in Survey No.61/31 of Achampathu Village. The said suit
was dismissed after holding that the 5th respondent and his wife are
not in lawful possession and that they have not proved their title to
the property.
4. It is the stand of the writ petitioner that the
judgment of learned Additional District Munsif, Thirumangalam in
O.S.No.42 of 2014 was also confirmed by the learned Subordinate
Judge, Thirumangalam in A.S.No.107 of 2019. Despite the civil
Courts rejecting the plea of 5th respondent claiming certain right
over the land, it is the grievance of the petitioner that no action has
been taken by the official respondents to remove the encroachment
so that the public street encroached by the 5th respondent will be
available to the public for free ingress and egress.
5. Despite service of notice on the 5th respondent,
there is no representation for him. The name of the 5 th respondent
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W.P.(MD)No.6130 of 2022
is also printed in the cause list. In such circumstances, keeping the
matter pending any more will not serve any purpose. Therefore, this
Court is inclined to dispose of the writ petition on the following
lines.
6. We have perused the photographs produced by the
petitioner. From the averments made in the affidavit filed in support
of the writ petition, the orders passed by the civil Courts and the
communication of the official respondents, we find that the property
which is said to be in the encroachment of the 5 th respondent is
classified as a street. We have no clue to hold that the entire extent
of 0.06.70 hectares classified as street is encroached by the 5th
respondent. Further, the 5th respondent has failed to establish his
right in S.No.61/31 of Achampathu Village as seen from the
judgment of the civil Courts. Therefore, if the property is being
enjoyed as a street and the public has a right to have access
through the street, the property will be vested with the panchayat.
Hence, the concerned Block Development Officer or the Executive
Officer has to take appropriate action in accordance with law.
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W.P.(MD)No.6130 of 2022
7. Accordingly, we direct the Tahsildar viz., the 2nd
respondent to issue notice to the petitioner and the 5 th respondent,
conduct enquiry and pass appropriate orders with regard to the
character of the land in S.No.61/31 of Achampathu Village and the
portion in which the 5th respondent has encroached. This exercise
shall be done within a period of four weeks from the date of receipt
of a copy of this order. Thereafter, depending upon the outcome of
the order necessary proceedings shall be initiated against the 5th
respondent for removal of encroachment either by the concerned
Executive Officer of Panchayat or the Tahsildar within a period of
six weeks thereafter. The Tahsildar or the concerned Officer who is
empowered to remove encroachment shall communicate the official
order that will be passed by them to the petitioner and the 5th
respondent. If any encroachment is found in the street priority will
be given to remove the encroachment after following the
procedures as contemplated under the Rules framed under the
Tamil Nadu Panchayats Act, 1994 or any other law.
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W.P.(MD)No.6130 of 2022
8. The Writ Petition stands disposed of with the
above directions. No costs.
[S.S.S.R., J.] [S.S.Y., J.]
07.06.2022
Index : Yes / No
sj
To
1.The District Collector,
Madurai District,
Madurai.
2.The Tashildar,
Madurai West Taluk,
Madurai.
3.The Block Development Officer,
Thirupparankundram Panchayat Union,
Thirupparankundram,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6130 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
sj
W.P(MD)No.6130 of 2022
07.06.2022
https://www.mhc.tn.gov.in/judis
