M.Mariyammal vs The District Collector
2023 Latest Caselaw 7630 Mad

Citation : 2023 Latest Caselaw 7630 Mad
Judgement Date : 5 July, 2023

Madras High Court

M.Mariyammal vs The District Collector on 5 July, 2023

                                                                           W.P(MD)No.16141 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 05.07.2023

                                                    CORAM:

                            THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                             AND
                       THE HONOURABLE MR.JUSTICE D.BHARTHA CHAKRAVARTHY

                                            W.P(MD)No.16141 of 2023
                                                    and
                                           W.M.P(MD)No.13531 of 2023

                M.Mariyammal                                           ... Petitioner

                                                             Vs.

                1.The District Collector,
                  Virudhunagar District,
                  Virudhunagar.

                2.The Revenue Divisional Officer,
                  Aruppukottai,
                  Virudhunagar.

                3.The Tahsildar,
                  Thiruchuli Taluk,
                  Virudhunagar District.

                4.The Block Development Officer,
                  Village Panchath,
                  Narikuty,
                  Thiruchuli Taluk,
                  Virudhunagar District.

                5.The President,
                  Naththakulam Panchayat,
                  Thiruchuli Taluk,
                  Virudhunagar District.

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                                                                             W.P(MD)No.16141 of 2023



                6.P.Boomayil
                7.M.Mariyammal                                          ... Respondents

                PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the respondents 1 to
                5 herein to remove the encroachment made by the respondents 6 and 7 in
                Survey No.175/1 of Nathakulam Village of Thiruchuli Taluk, Virudhunagar
                District that classified as of Public Path and restore the same as per revenue
                records within a time as may be fixed by this Court.


                                    For Petitioner       :Mr.Aayiram K.Selvakumar
                                    For R-1 to R-3       :Mr.D.Sachikumar,
                                                          Additional Government Pleader
                                    For R-4 & R-5        :Mr.T.Villavankothai,
                                                          Additional Government Pleader

                                                       ORDER

********** (Order of the Court was made by S.VAIDYANATHAN, J.)

The petitioner has come forward with this writ petition seeking for

issuance of a Writ of Mandamus, directing the respondents 1 to 5, to remove

the encroachment made by the respondents 6 and 7 in Survey No.175/1 of

Nathakulam Village of Thiruchuli Taluk, Virudhunagar District which is

classified as of Public Pathway and restore the same as per revenue records

within a stipulated period.

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W.P(MD)No.16141 of 2023

2. Heard the learned counsel for the petitioner and the learned Additional

Government Pleader appearing for respondents 1 to 5.

3. Since no adverse order is passed against respondents 6 and 7, notice to

them is dispensed with.

4. The official respondents admitted that there is encroachment and

intimation had already been given to the encroachers.

5. In view of the same, the third respondent is expected to take action to

remove the encroachment if any, after hearing the respondents 6 and 7 and the

encroachment shall be removed within a period of thirty days after hearing the

parties.

6. We expect a survey to be conducted apart from taking photographs and

video in the presence of parties. If required, police assistance can also be taken.

If encroachment is found, no indulgence shall be shown to the encroachers.

The dictum of the Hon'ble Apex Court as followed by this Court in

W.P(MD)No.15636 of 2023, dated 03.07.2023, needs to be adhered to.

Relevant portion of the said order reads as follows:

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W.P(MD)No.16141 of 2023

“”6. The Authorities concerned can also utilize the

advanced technology of drone survey in the presence of the

respective parties in order to ascertain the exact portion of

encroachment. It is needless to mention that if any

encroachment is found to be made, the electricity

connection with respect to the encroachment shall have to

be disconnected and the eighth respondent shall issue

suitable direction to the concerned Assistant Engineer to

that effect, in the light of the Judgment of the Division

Bench in the case of "P.Selvarajan Vs. The Commissioner

of Municipal Administration, Chennai and

others" (W.P.No. 21639 of 2017), decided on

13.02.2018, wherein the Division Bench observed as

follows, in consonance with the order of the Supreme Court

dated 05.01.2018 passed in a Petition for Special Leave to

Appeal (C) No.33863 of 2017:

“3. Learned counsel appearing for the fourth respondent submitted that the fourth respondent has made an application for regularisation and that during the pendency of the proceedings, this Court, by order dated 11.09.2017, directed disconnection of electricity in respect of basement, second and third floors of the fourth respondent's

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W.P(MD)No.16141 of 2023

premises, against which, the matter was taken up to the Supreme Court. The Supreme Court, in Petition for Special Leave to Appeal (C).No.26509 of 2017, by order dated 13.10.2017, did not interfere with the said order of this Court dated 11.09.2017, and permitted the fourth respondent herein to move the High Court. During the pendency of this Writ Petition, the fourth respondent herein has filed W.M.P.No.30495 of 2017 seeking direction to the TANGEDCO to restore the electricity connection to the building of the fourth respondent. This Court, by order dated 07.11.2017, rejected the restoration of electricity supply. Thereafter, once again the matter was taken up to the Supreme Court by the fourth respondent, and the Supreme Court, by order dated 05.01.2018 in Petition for Special Leave to Appeal (C) No.33863 of 2017, has dismissed the Special Leave Petition, by observing as follows:

"Heard learned counsel for the petitioner and perused the impugned order dated 07.11.2017 passed in WMP.No.30495/2017 passed by the Madras High Court.

We are not inclined to interfere in the impugned order and accordingly, the Special Leave Petition is dismissed.

However, we direct the authority concerned before whom the application for regularisation under the DTCP Building Regularisation Scheme 2017 is pending to decide the matter in accordance with

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W.P(MD)No.16141 of 2023

law within two months.

Pending application stands disposed of."

7. It is made clear that if there is any encroachment

made, no indulgence shall be shown. The officials shall

follow the dictums of this Court (S.K.Kaul,C.J., and

R.Mahadevan,J.) in Contempt Petition No.1769 of 2015

and Contempt Petition No.2166 of 2015 (Suo motu) and

in W.P. No. 28143 of 2021 dated 27.01.2022

(S.Vaidyanathan,J and D. Bharatha Chakravarthy,J.) in

its letter and spirit. If the officials fail to remove the