Madras High Court
Siva Nedunzhelian vs The District Collector on 27 May, 2022
W.P.(MD) No.10428 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD) No.10428 of 2022
and
W.M.P(MD)Nos.7485, 7487 and 7488 of 2022
Siva Nedunzhelian ... Petitioner
vs.
1.The District Collector,
Office of the District Collector,
Trichy District.
2.The District Revenue Officer,
Office of the District Revenue Officer,
Trichy District.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Trichy District.
4.The Tahsildar,
Trichy East Taluk Office,
Trichy.
5.The Town Surveyor,
Trichy East Taluk Office,
Trichy.
1/8
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W.P.(MD) No.10428 of 2022
6.The Principal,
The Periyar EVR Government College,
Kajamalai, Trichy-23. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorari, calling for the records pertaining to the impugned
notice issued by the 2nd respondent in Na.Ka.No.A6/3614/2022, dated 17.05.2022
and quash the same.
For Petitioner : Mr.B.Jameel Arasu
For Respondents : Mr.M.Senthil Ayyanar
Government Advocate
ORDER
The prayer sought for herein is for a Writ of Certiorari, challenging the
notice dated 17.05.2022 issued by the 2nd respondent.
2.The petitioner claimed to be the owner of the property at Old Survey
No.115/2 and the present Survey No.115/2/2 at Kottapattu Village, Trichy Taluk
and District. The said property was originally belonged to one Udhayakumar,
from whom the petitioner claimed to have purchased the same by way of valid
sale consideration through registered sale deed of the month of April, 2022.
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W.P.(MD) No.10428 of 2022
Pursuant to which, after taking possession of the land, he has applied for getting
patta.
3.However, in the meanwhile, the Revenue Department i.e., District
Revenue Officer, the second respondent herein had issued a notice on 02.05.2022,
directing the petitioner and other neighbours to attend for an enquiry on the
complaint given by the 6th respondent as to the nuisance created as number of
livestock are allowed inside the 6th respondent's college campus.
4.Pursuant to the said notice, the petitioner and other neighbours attended
for the enquiry and thereafter, no action was taken. However, according to the
learned counsel for the petitioner, suddenly, on 17.05.2022, the second respondent
has issued another notice, under which a different subject has been mentioned as
if that the 6th respondent had given a representation to make corrections in the
Town Survey Land Register (hereinafter referred to as 'TSLR') and therefore, in
order to decide the same, an enquiry has to be conducted, for which summon was
issued through the impugned communication dated 17.05.2022 to the petitioner
and others to appear before the second respondent on 23.05.2022. Aggrieved by
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W.P.(MD) No.10428 of 2022
the same, the petitioner has moved the present Writ Petition with the aforesaid
prayer.
5.Heard the learned counsel for the petitioner, who would submit that, the
vendor of the petitioner and other joint owners of the property had already
approached the Civil Court by filing a Civil Suit in O.S.No.683 of 2010 before
the II Additional District Munsif Court, Trichy, seeking for declaratory decree
with consequential injunction and the said suit was decreed by an judgment and
decree dated 16.09.2016. When that being so, the property in question belonged
to the petitioner, since has been purchased from the original owner, in whose
favour declaratory decree has already been issued by the competent Civil Court,
cannot be subjected to any corrections of TSLR. Therefore, on that purpose,
since summon has been issued, which is impugned herein the same has to be
interfered with, which cannot be permitted to go on, he contended.
6.However, the learned Government Advocate appearing for the
respondents has produced a village map or field map, where according to the
learned Government Advocate, apart from the patta land belongs to the petitioner,
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W.P.(MD) No.10428 of 2022
for which declaratory decree has already been given by the Civil Court, the
petitioner and other neighbours, who are the owners of the patta land, seem to
have encroached upon some portions of the property, which belongs to the 6th
respondent college. Therefore, only based on the said alleged encroachment, to
remove the same and correct the TSLR, an application / representation has been
given by the 6th respondent and in order to enquire the same, such summon, which
is impugned herein, has been issued on 17.05.2022. However, the petitioner did
not appear. Therefore, let him appear before the District Revenue Officer and put
forth his case, including what are all the documents available with him, including
the declaratory decree. Based on which, the Revenue Department will take a
decision, after measuring the disputed land by the Taluk / District Surveyor. That
will be a permanent solution for both the petitioner and the 6th respondent.
Hence, such a move now made by the Revenue Department cannot be thwarted by
the present attempt made by the petitioner by filing this Writ Petition.
7.I have considered the said rival submissions made by the learned counsel
appearing for both parties and have perused the materials placed before this
Court.
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W.P.(MD) No.10428 of 2022
8.As has been stated by the learned counsel for the petitioner, the vendor of
the petitioner has already approached the Civil Court and got a declaratory decree
in the year 2016, where Survey No.115/2, now has been subdivided into Survey
No.115/2/2, has been mentioned, which is a property of the petitioner, which he
recently purchased in the month of April, 2022. If that being the position, there
could be no further evidence required for the Revenue people to come to the
conclusion that the property in question belongs to the petitioner. However, if at
all any encroachment is made either by the petitioner or any other owner or
neighbour adjacent to the property of the 6th respondent college, suitable action
can be taken to remove such encroachments by the Revenue Department for
which they are entitled.
9.Therefore, for the limited purpose of identifying any encroachment, if at
all made by the petitioner or any other owner or neighbour adjacent to the
property of the 6th respondent college, an enquiry can go on, for which the
petitioner shall give co-operation by appearing before the concerned District
Revenue Officer on the notice to be issued by him. On receipt of such notice, the
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W.P.(MD) No.10428 of 2022
petitioner shall appear as indicated above. Thereafter, a final decision shall be
taken by the concerned District Revenue Officer.
10.It is made clear that insofar as the patta land, for which the declaratory
decree has already been made by the Civil Court in Survey No.115/2, is
concerned, there cannot be any quarrel. As that issue has already been concluded
by the Civil Court, the Revenue Department has to necessarily lay the four
boundaries through the Surveyor, which will not be precluded. If at all any
encroachment is identified by the Revenue Department, that can be set right by
issuance of any such proceedings.
11.With these observations and directions, this Writ Petition is disposed of.
However, there shall be no order as to costs. Consequently, connected
Miscellaneous Petitions are closed.
27.05.2022
Index : Yes / No
MYR / SM
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W.P.(MD) No.10428 of 2022
R.SURESH KUMAR, J.
MYR / SM
To
1.The District Collector,
Office of the District Collector,
Trichy District.
2.The District Revenue Officer,
Office of the District Revenue Officer,
Trichy District.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Trichy District.
4.The Tahsildar,
Trichy East Taluk Office,
Trichy.
5.The Town Surveyor,
Trichy East Taluk Office,
Trichy.
6.The Principal,
The Periyar EVR Government College,
Kajamalai, Trichy-23.
Order made in
W.P.(MD) No.10428 of 2022
Dated:
27.05.2022
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