Madras High Court
R.Sivasamy vs The District Collector on 8 August, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan, B.Pugalendhi
W.P(MD)No.17769 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.17769 of 2017
R.Sivasamy ... Petitioner
Vs.
1.The District Collector,
Office of the District Collector,
Sivagangai District.
2.The Revenue Divisional Officer,
O/o.Revenue Divisional Officer,
Ram Nagar, Devakottai,
Sivagangai District.
3.The Tahsildar,
Taluk Office,
Ram Nagar, Devakottai,
Sivagangai District.
4.The Revenue Inspector,
Devakottai Sub Division,
Devakottai Taluk,
Sivagangai District.
1/5
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W.P(MD)No.17769 of 2017
5.The Village Administrative Officer,
Hanumanthakudi Group,
Devakottai Taluk,
Sivagangai District.
6.Shanmugam
7.Subbiah ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a
Writ of Mandamus, directing the respondents 1 to 5 herein to remove the
encroachments made by respondents 6 to 9 in the Oorani situated in Old S.No.
214/7 New S.No.738/9 in Sooriyan Kudiyiruppu Village, Hanumanthakudi
Group, Devakottai Taluk, Sivagangai District as per representation of the
villagers dated 04.01.2016 without any further delay.
For Petitioner : No Appearance
For Respondents : Mr.R.Ragavendran
Government Advocate
for R.1 to R.5
Mr.G.S.Asok Adhithyan for R.6
No Appearance for R.7 to R.9
ORDER
None appears for the writ petitioner.
2.However, PIL cannot be closed by citing the absence of the
petitioner or his counsel. The prayer in the writ petition is for removing the
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encroachments in the petition mentioned Survey Numbers (Old Survey No.
214/7 and New Survey No.738/9). The case of the petitioner is that the said
survey numbers have been classified as “water bodies” and that there is a
direction by the Hon'ble Division Bench that the encroachments therein should
be removed.
3.The learned counsel appearing for the sixth respondent on the hand
submits that he filed O.S.No.109 of 2006 on the file District Munsif Court,
Devakottai and obtained a decree. The defendants are the State of Tamil Nadu,
represented by The District Collector and the jurisdictional Tahsildar.
4.It is stated that questioning the judgment and decree dated
20.04.2018, the Government has filed A.S.No.31 of 2018 on the file of Sub
Court, Devakottai. The first appeal is posted on 20.08.2024. Since the
jurisdictional Civil Court is seized of the matter, we are of the view that the
rights of the parties can be governed by the outcome of the civil proceedings.
We direct the learned Sub Judge, Devakottai to dispose of A.S.No.31 of 2018 as
expeditiously as possible. If the first appellate Court renders finding that the
suit land is a water body, then steps shall be taken for removing the
encroachments.
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5.This writ petition is disposed of accordingly. There shall be no
order as to costs.
[G.R.S., J.] [B.P., J.]
08.08.2024
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
To
1.The District Collector,
Office of the District Collector,
Sivagangai District.
2.The Revenue Divisional Officer,
O/o.Revenue Divisional Officer,
Ram Nagar, Devakottai,
Sivagangai District.
3.The Tahsildar,
Taluk Office,
Ram Nagar, Devakottai,
Sivagangai District.
4.The Revenue Inspector,
Devakottai Sub Division,
Devakottai Taluk, Sivagangai District.
5.The Village Administrative Officer,
Hanumanthakudi Group,
Devakottai Taluk,
Sivagangai District.
Copy to
The Sub Judge, Devakottai.
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G.R.SWAMINATHAN, J
and
B.PUGALENDHI, J.
MGA
08.08.2024
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