Madras High Court
K.Anthonyraj vs The District Collector on 2 February, 2023
W.P.(MD)No.2063 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.02.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE
and
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.2063 of 2023
and
W.M.P(MD)No.1845 of 2023
K.Anthonyraj ... Petitioner
-vs-
1.The District Collector,
Tirunelveli District,
Collectorate,
Tirunelveli.
2. The Tahsildhar,
Ambasamudram Taluk,
Ambasamudram,
Tirunelveli District.
3. The Parish Priest,
Sacred Heart Church,
Iruthayakulam,
Vickramasingapuram- 627425,
Tirunelveli District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution
of India, to issue a Writ of Mandamus, directing the 2nd respondent
herein to take appropriate action as per G.O.Ms.No.540, Revenue
LD6(2) Department, dated 04.12.2014 as against the
encroachment made by the 3rd respondent in the Government
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.2063 of 2023
poramboke land in Survey No. 390 of Vickramasingapuram Part-1
Village, Ambasamudram Taluk, Tirunelveli District as requested by
petitioner's representation dated 15.3.2022 within a reasonable
time that may be stipulated by this Court.
For Petitioner : Mr.P.Subbiah
For R1 & R2 : Mr.M.Sarangan
Additional Government Pleader
For R3 : Mr.Savarimuthu for
St.Xavier Associates
ORDER
[Order of the Court was made by
The Hon'ble The ACTING CHIEF JUSTICE]
Mr.K.Anthonyraj S/o.Kulanthaisamy Thevar, has filed
this writ petition for issuance of a Writ of Mandamus, directing the
2nd respondent herein, to take appropriate action as per
G.O.Ms.No.540, Revenue LD6(2) Department, dated 04.12.2014,
as against the encroachment made by the 3rd respondent in the
Government poramboke land in Survey No.390 of
Vickramasingapuram Part-1 Village, Ambasamudram Taluk,
Tirunelveli District, as requested by him in his representation dated
15.03.2022, within a reasonable time.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.2063 of 2023
2. When the matter was taken up for hearing, learned
Additional Government Pleader appearing for the respondents 1
and 2 submitted that the prayer of the petitioner to remove the
encroachment made by the 3rd respondent in the Government
poramboke land in Survey No.390, cannot be entertained by this
Court, as the land covered in Survey No.390 is a patta land of
Roman Katholic Sabai as per Patta No.1641, dated 28.04.2015. In
support of his submission, he has also produced the copy of the
aforesaid patta.
3. Learned counsel for the petitioner has produced the
copy of the judgment dated 06.12.2012 made in O.S.No.144/1998
filed by the plaintiffs namely, R.C Diocese of Palayamkottai,
through its Procurator and Vicramasingapuram, Irudhayagulam
R.C. Church, Rev.Father. Perusal of the aforesaid judgment shows
that when a notice dated 18.06.1998 was issued calling upon the
plaintiffs to remove the compound wall and gate which were
allegedly put up encroaching the pathway running in S.Nos.389/3,
378/2b and 390, the same was sought to be declared as null and
void and the learned Principal District Munsif, Ambasamudram, by
judgment dated 06.12.2012, partly decreed the aforesaid suit, by
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.2063 of 2023
declaring the notice dated 18.06.1998 as null and void. The
relevant portion of the said judgment is given as under:-
20. Admittedly the said notice dated 18.06.1998 was
served at about 3.40 p.m. to the plaintiffs and in which the
plaintiffs church was called upon to remove the
encroachments before 5.00 p.m. on that date itself. Under
section 7 of the Act 3/1905, specific time should be given to
the parties concerned to show their causes for not to proceed
against them. Without giving such an opportunity to the
plaintiffs to produce their documents for not to proceed
against them, the notice was issued specifying the time for
removal of encroachments without giving any opportunity of
hearing. Hence, Ex.A1 notice issued against the procedure of
Section 7 of the Act 3/1905 and also against the natural
justice. Hence the same is liable to be declared as null and
void. Since the Ex.A1 notice itself is null and void, further
action cannot be taken on the basis of the same. .....
.........
In the result, the suit is partly decreed without cost by
declaring that Ex.A1 notice dated 18.06.1998 is null and
void along with the consequential relief of permanent
injunction for not to take any further action on the basis of
Ex.A1. .....''
4. Without even perusing the aforesaid judgment carefully
and the Patta No.1641, dated 28.04.2015 issued in respect of
Survey No.390 in favour of Roman Catholic Sabai, the petitioner
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.2063 of 2023
ought not to have come to this Court. The prayer in this writ
petition is misconceived and therefore, the writ petition is liable to
be dismissed.
5. Accordingly, the Writ Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[T.R., A.C.J.] [D.K.K., J.]
02.02.2023
NCC : Yes / No
Index : Yes / No
Internet: Yes / No
bala/ps
To
1.The District Collector,
Tirunelveli District,
Collectorate,
Tirunelveli.
2. The Tahsildhar,
Ambasamudram Taluk,
Ambasamudram,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.2063 of 2023
T.RAJA, A.C.J.
and
D.KRISHNAKUMAR, J.
bala/ps
ORDER MADE IN
W.P.(MD) No.2063 of 2023
DATED : 02.02.2023
https://www.mhc.tn.gov.in/judis
