Madras High Court
Esravel vs The District Collector on 3 February, 2023
W.P.(MD) No.2168 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE
and
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.2168 of 2023
and
W.M.P(MD)No.1953 & 1955 of 2023
Esravel ... Petitioner
-vs-
1.The District Collector,
Thoothukudi District.
2.The Revenue Divisional Officer,
Tiruchendur,
Thoothukudi District.
3.The Tahsildar,
Sathankulam Taluk,
Thoothukudi District.
4.Sankarapandi ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the records
relating to the impugned notice dated 25.01.2023 in Na.Ka.Aa5/4582/2022
issued by the 3rd respondent and quash the same and consequently
forbearing the respondents 1 to 3 from interfering in the peaceful
possession and enjoyment of the subject property in Old Resurvey No.
Page 1 of 8
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W.P.(MD) No.2168 of 2023
221/B, New Resurvey No.491/1, Pannamparai Village, New Natham
Survey No.595/1 and 2, Door No.2/1, Vedha Kovil Street, South
Pannamparai Village, Sathankulam Taluk, Thoothukudi District.
For Petitioner : Mr.TR.Jeyapalam
For Respondents : Mr.M.Sarangan,
Addl. Government Pleader for R1 to R3
ORDER
[Order of the Court was made by
The Hon'ble The ACTING CHIEF JUSTICE]
Petitioner, who is a resident of Vedha Kovil Street,
Pannamparai, Thoothukudi, has filed this Writ Petition, challenging the
impugned proceedings issued by the third respondent in
Na.Ka.Aa5/4582/2022, dated 25.01.2023, with a consequential direction,
forbearing the respondents 1 to 3 from interfering in the peaceful
possession and enjoyment of the subject property in Old Resurvey No.
221/B, New Resurvey No.491/1, Pannamparai Village, New Natham
Survey No.595/1 and 2, Door No.2/1, Vedha Kovil Street, South
Pannamparai Village, Sathankulam Taluk, Thoothukudi District.
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W.P.(MD) No.2168 of 2023
2. Learned counsel for the petitioner would submit that the subject
property in Old Resurvey No.221/B, New Resurvey No.491/1,
Pannamparai Village, New Natham Survey No.595/1 and 2, Door No.2/1,
Vedha Kovil Street, South Pannamparai Village, Sathankulam Taluk,
Thoothukudi District, absolutely belongs to the petitioner's father. The
said property has been classified as Natham land. The petitioner's father
and his ancestors were in possession and enjoyment of the said property
from the year 1947. The said property measures North to South 100 feet
and East to West 70 feet, admeasuring 7000 square feet. The petitioner's
grandfather has constructed a residential building and obtained an
electricity service connection. Thereafter, the property tax has also been
assessed and the petitioner has been regularly paying the same.
3. Learned counsel for the petitioner would further submit that the
petitioner's father had settled the subject property in favour of his mother,
by a registered gift settlement deed dated 21.09.2001, bearing Document
No.863 of 2001. After some time, the petitioner's father passed away on
26.04.2022, leaving behind the petitioner's mother, one son and six
daughters. Thereafter, a dispute arose between the President of
Pannamparai Panchayat and the petitioner's mother, regarding the title over
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W.P.(MD) No.2168 of 2023
the subject property. Therefore, the petitioner's mother filed a civil suit in
O.S.No.5 of 2003, on the file of the District Munsif Court, Sathankulam
against the first respondent and the Block Development Officer,
Sathankulam, Panchayat Union and the President, Pannamparai Panchayat,
for permanent injunction. Accepting the case, the suit has also been
decreed vide judgment dated 29.08.2003. In the meanwhile, the fourth
respondent filed a writ petition in W.P.(MD)No.26411 of 2022, for
issuance of a Writ of Mandamus, directing the first respondent to remove
the encroachment made by the petitioner's father, on the drinking water
area situated in Vedha Kovil Street, Pannamapari Village, Sathankulam
Taluk, Tuticorin District. In the said Writ Petition, this Court by order
dated 23.11.2022, directed the third respondent to pass orders on merits
and in accordance with law. On the basis of the said order, the third
respondent has issued a survey notice dated 26.12.2022, to survey the
subject property. The petitioner has also cooperated for the said survey, by
producing the documents. After conducting survey, the third respondent
has not passed any final order, till date. The grievance of the petitioner in
sofaras the impugned notice dated 25.01.2023 is concerned, the third
respondent has mentioned that the property had been classified as
Government Natham Poramboke. Therefore, when the petitioner has been
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W.P.(MD) No.2168 of 2023
in possession and enjoyment of the land, shown as Natham Poramboke, the
third respondent cannot issue the impugned notice. Hence, the petitioner
has filed this Writ Petition.
4. In reply, the learned Additional Government Pleader appearing for
the respondents 1 to 3 would submit that the land in Survey No.595/2 has
been originally classified as Natham Proamboke and the Resurvey No.
491/1 has been classified as Street and the petitioner has encroached in the
said street and therefore, a survey notice dated 26.12.2022 has been issued
to survey the land. After conducting survey, the encroachment has been
brought to light and thereafter, the present impugned noticed dated
25.01.2023, under Section 7 of the 'Tamil Nadu Land Encroachment Act,
1905' (hereinafter referred to as 'the Act') has been issued, calling upon the
petitioner to file his objections. Only after the enquiry, if the objections are
not accepted, the order of eviction has to be passed which is also
appealable under Section 10 of the Act before the District Collector. At
this stage, the petitioner has approached this Court, without giving
explanation to the said impugned notice and therefore, this Writ Petition
itself is a premature and the same is liable to be dismissed.
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W.P.(MD) No.2168 of 2023
5. In view of the above submissions, we direct the petitioner to file
his objections / reply to the impugned notice dated 25.01.2023 before the
third respondent, along with all supporting materials, within a period of
two (2) weeks from the date of receipt of a copy of this order. After receipt
of the same, the third respondent shall consider such objection and if it is
not satisfactory, then conduct a proper enquiry and thereafter, shall pass
orders for eviction of encroachment, if any, by due process of law within a
period of four weeks thereafter.
6. With the above direction, this Writ petition is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
[T.R., A.C.J.] [D.K.K., J.]
03.02.2023
NCC : Yes / No
Index : Yes / No
Internet: Yes / No
vsm/ps
Note: Issue order copy today (03.02.2023)
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2168 of 2023
To
1.The District Collector,
Thoothukudi District.
2.The Revenue Divisional Officer,
Tiruchendur,
Thoothukudi District.
3.The Tahsildar,
Sathankulam Taluk,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2168 of 2023
T.RAJA, A.C.J.
and
D.KRISHNAKUMAR, J.
vsm/ps
ORDER MADE IN
W.P.(MD) No.2168 of 2023
DATED : 03.02.2023
https://www.mhc.tn.gov.in/judis
