Madras High Court
S.Ramachandran vs The Secretary To Government on 18 October, 2022
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD) Nos.15665, 15666, 15667, 15668, 15669, 15670, 15671,
15672, 15673, 15674 & 15675 of 2021
and
W.M.P.(MD) Nos.12619, 12620, 12625, 12626, 12627, 12628, 12629,
12631, 12632, 12634 & 12636 of 2021
W.P.(MD) No.15665 of 2021:
S.Ramachandran ... Petitioner
-vs-
1.The Secretary to Government
Municipal Administration
Water Supply Department
Chepauk, Chennai
2.The District Collector
Ramnad
3.The Commissioner
Rameshwaram Municipality
Rameshwaram, Ramnad District
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Page 1 of 9
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
4.The Executive Officer
Rameshwaram Municipality
Rameshwaram, Ramnad District
5.The Thasildar
Rameshwaram Taluk
Rameshwaram
Ramnad District
6.K.M.Sigamani ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records pertaining to the
impugned order passed by the third respondent in his proceedings bearing
Na.Ka.No.916/A4/2021, dated 18.08.2021 (received on 20.08.2021) and
quash the same with the further direction and directing the fifth respondent to
issue patta to the petitioner.
For Petitioner : Ms.Porkodi Karnan
for M/s.Polax Legal Solutions
For Respondents : Mr.N.GA.Nataraj
Government Advocate for R1, R2 & R5
Mr.M.Kannan for R3
Ms.Jessi Jeeva Priya for R6
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https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
COMMON ORDER
[Order of the Court was made by R.MAHADEVAN, J.]
Since the issue involved in all these writ petitions is one and the
same, they have been clubbed together, heard together and are being disposed
of by this common order.
2. Challenge in all these writ petitions is to the eviction notices
18.08.2021, issued by the third respondent directing the petitioners to remove
the encroachments stated therein within fifteen days.
3. According to the petitioners, they are residing in survey Nos.
632 & 633 of Kamarajar Nagar, Rameshwaram, Ramnad District, for the past
four decades. While several other persons, who are similarly placed like that
of the petitioners, have been granted with pattas in respect of the said survey
numbers, the petitioners are yet to be issued with pattas as such they are not
encroachers of the said survey numbers and therefore, the impugned eviction
notices terming them as encroachers are liable to be set aside.
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
4. Perusal of record shows that this is the third round of litigation.
Originally, the sixth respondent filed O.S.No.6 of 2001, on the file of the Sub
Court, Ramanathapuram, against the District Collector, Ramnad District and
the Tahsildar, Rameshwaram, for the relief of not to grant patta in respect of
Survey Nos.632 and 633, admeasuring to an extent of 255 feet East-West and
North-South 29 feet and also to remove the encroachments therein. The said
suit was decreed ex parte on 09.03.2001 and the endeavour of the authorities
to set aside the said ex parte decree was also rejected. Thereafter, the sixth
respondent in the form of representation sought to implement the judgment
and decree passed in the aforesaid suit and subsequently, filed W.P.No.10805
of 2007, wherein, this Court had directed the authorities to pass orders on the
representation of the fourth respondent, after putting the encroachers on
notice. Pursuant to the said order, when eviction notices dated 08.07.2008
were issued, aggrieved persons filed W.P.(MD) Nos.7298 & 7299 of 2008 and
this Court by a common order dated 04.10.2016, has passed the following
order:
“9. It is the stand of petitioners that the persons,
who are similarly placed like that of the petitioners, have
been issued with pattas and as such, the petitioners
cannot be treated differently. However, the fact remains
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https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
that the petitioners are yet to be issued with patta and the
official respondents are proceeding against them in
compliance of the Court orders and as such, the action
cannot be found fault with.
10. Be that as it may, it is always open to the
petitioners to submit detailed representations to the
respondents 1 to 3 and to the Tahsildar, Rameshwarem,
enclosing necessary documents to show that they have
been treated differently from that of the persons, who have
been issued with pattas, within a period of two weeks from
the date of receipt of a copy of this order. The second
respondent as well as the Tahsildar, Rameshwaram, on
receipt of the such representations, are directed to consider
and dispose of the same in accordance with law, within a
further period of 10 weeks and communicate the decision
taken, take to the petitioners.
11. In sofar as the petitioners in W.P.(MD)No.7299
of 2009 are concerned, are are said to be in occupations of
Survey Nos.632 and 633 of Rameswaram, had filed this
Writ Petition, praying for a Writ of Mandamus, restraining
the respondents 1 to 3 from evicting them and pass such
further orders.
12. It is needless to say that in the event of the
petitioners found in possession of the land in question as
encroachers, the respondents can evict them only by
resorting to due process of law.”
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
5. Pursuant to the aforesaid directions, the Tahsildar,
Rameshwaram Taluk, has rejected the request of the occupants of the subject
survey numbers for grant of pattas and sent a communication dated
31.01.2017 to the Commissioner, Rameshwaram Municipality, to take
appropriate action in respect of the alleged encroachments made in the
subject survey numbers. It is to be noted that the Thasildar sent the said
communication only after the claim of the petitioners seeking issuance of
patta in respect of the aforesaid survey numbers was rejected. In such
circumstances, when the fourth respondent approached this Court by filing
W.P.(MD) No.6098 of 2021 seeking a direction to the Commissioner,
Rameshwaram Municipality, to remove the encroachments made in the
subject survey numbers, this Court by order dated 18.03.2021, directed the
Commissioner, Rameshwaram Municipality, to take action based on the said
communication sent by the Thasildar, Rameshwaram Taluk, dated
31.01.2017, within a period of six weeks. Citing the order passed in W.P.(MD)
No.6098 of 2021, dated 18.03.2021, the present impugned eviction notices
have been issued and challenging the said eviction notices, the present writ
petitions have been filed and this Court by order dated 02.09.2021 has
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
directed the respondents to maintain status quo and by virtue of that order,
the eviction proceedings are not proceeded with.
6. Considering the fact that the Tahsildar, Rameshwaram Taluk,
has rejected the request for grant of pattas in respect of the subject survey
numbers citing G.O.No.812, Revenue Department, dated 16.03.1964, which
states that no patta shall be issued in respect of government poromboke lands
in Rameshwaram Taluk to private individuals till the completion of Sethu
Canal Project and also the fact that the impugned notices do not reflect service
of show cause notices to the encroachers as per law to put forth their defence,
the Commissioner, Rameshwaram Municipality, is directed to take appropriate
action for removal of encroachments pursuant to the communication dated
31.01.2017, sent to him by the Thasildar, Rameshwaram Taluk, as well as the
order dated 18.03.2021 passed in W.P.(MD) No.6098 of 2021, after giving due
notice and sufficient opportunity of hearing to all the parties concerned and by
following due process of law. The said exercise shall be completed within a
period of six weeks from the date of receipt of a copy of this Court. Till such
time, the parties shall maintain status quo prevailing as on date.
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
7. Accordingly, the writ petitions are disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
[R.M.D., J.] [J.S.N.P., J.]
18.10.2022
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Secretary to Government,
Municipal Administration,
Water Supply Department,
Chepauk, Chennai.
2.The District Collector,
Ramnad.
3.The Thasildar,
Rameshwaram Taluk,
Rameshwaram, Ramnad District.
____________
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.15665, 15666, 15667, 15668,
15669, 15670, 15671, 15672, 15673, 15674 &
15675 of 2021
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
krk
W.P.(MD) Nos.15665, 15666, 15667,
15668, 15669, 15670, 15671, 15672,
15673, 15674 & 15675 of 2021
and
W.M.P.(MD) Nos.12619, 12620,
12625, 12626, 12627, 12628, 12629,
12631, 12632, 12634 & 12636 of
18.10.2022
____________
https://www.mhc.tn.gov.in/judis
