Madras High Court
St. Xavier'S Catholic College Of ... vs The District Collector Of Kanyakumari ...
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B E F O R E T H E MADU R AI B E N C H O F MADRA S HI GH C O U R T
DATED: 2 0 . 1 2 . 2 0 1 8
CORAM:
T H E HO N O U R A B L E MR. J U S T I C E R. S U B BIAH
A ND
T H E HO N O U R A B L E MR. J U S T I C E B . P U G A L E N DHI
W. P.(MD)N o. 2 5 0 0 3 o f 2 0 1 8
and
W.M. P.(MD). N o. 2 2 6 6 5 o f 2 0 1 8
St. Xavier's Catholic College of Engineering,
Chunkankadai,
Nagercoil -3,
Kanyakumari District,
Pin 629 003,
represented by its Correspondent.
... Petitioner
Vs.
1. The District Collector of Kanyakumari at
Nagercoil,
Kanyakumari District.
2. The Tahsildar,
Kalkulam at
Thuckalay,
Kanyakumari District.
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3. The Assistant Engineer,
W.R.O., P.W.D.,
Irrigation Section,
Public Works Department,
Nagercoil,
Kanyakumari District.
... Respondents
P R AY E R : Writ Petition is filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Mandamus directing the respondents
to forbear from evicting the petitioner from the land in Survey No.93 of
Aloor – A Village, Kalkulam Taluk, Kanyakumari District, except as stated by
this Court in its order dated 24.07.2017 in W.P.(MD).No.3447 of 2016 on its
file and except according to procedure established by law including Section
7(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachments
Act, 2007.
For Petitioner : Mr.K.N.Thampi
For Respondents : Mr.V.R.Shanmuganathan
Special Government Pleader
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O R DE R
[Order of the Court was made by R. S U B BIAH, J.]
The writ petition has been filed for issuance of a Writ of Mandamus
directing the respondents to forbear from evicting the petitioner from the
land in Survey No.93 of Aloor – A Village, Kalkulam Taluk, Kanyakumari
District, except as stated by this Court in its order dated 24.07.2017 in W.P.
(MD).No.3447 of 2016 on its file and except according to procedure
established by law including Section 7(1) of the Tamil Nadu Protection of
Tanks and Eviction of Encroachments Act, 2007.
2. The case of the petitioner is that the petitioner College is a
recognised unaided religious minority private college affiliated to Anna
University, Chennai. It is approved by the Government of India and A.I.C.T.E.,
New Delhi. It is a reputed college in Kanyakumari District catering to
educational needs of the people, especially the backward and downtrodden
sections of the society. About three moths ago, public authorities had
conducted survey of a small portion of the land in possession of the
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petitioner college and some other lands and made some markings. Then, the
petitioner came to know that an area about 15 cents of tank poramboke
land in Survey No.93 of Aloor – A Village in Kalkulam Taluk, Kanyakumari
District was in possession of the petitioner college. The petitioner college
had placed two cycle stands in the said area and is using a portion of the
said area as passage. While so, one S.M.Antony Muthu filed a writ petition in
W.P.(MD).No.3447 of 2016 before this Court against the present respondents
1 and 2 and two public officials regarding removal of encroachments in
water bodies in R.S.Nos.93 and 381 and other survey numbers of Aloor
Village. This Court, by order dated 24.07.2017, directed the respondents
therein to inspect the water bodies in question, if the same had not already
been done, upon notice to the concerned encroachers action to be taken
for removal of encroachment if any, in accordance with law. Pursuant to the
direction given by this Court, notice was issued to the petitioner's sister
concern in respect of Survey No.381/2. On receipt of the notice, the
petitioner have removed the encroachment in Survey No.381/2. After
removing the encroachment, now the official respondents are again
threatening the petitioner that there is an encroachment in Survey No.93
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and thus directing the petitioner to remove the same.
3. When the matter was taken up for consideration on earlier
occasion, the learned counsel for the petitioner made a detailed submission
adverting to the averments made in the writ petition. In view of the
submission made by the learned counsel for the petitioner, we directed the
learned Special Government Pleader to get instructions from the
respondents.
4. Today, when the matter is taken up for consideration, the learned
Special Government Pleader appearing for the respondents would submit
that now, the Assistant Engineer W.R.O., P.W.D., Irrigation Section, Nagercoil,
Kanyakumari District has instructed the Tahsildar, Kalkulam to conduct a
fresh survey in Survey No.93 as to whether there is any encroachment or not
and after conducting survey, the report would be sent to the Assistant
Engineer shortly. In case, if there is any encroachment, the same would be
removed in accordance with law.
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5. In view of the submissions made by the learned Special Government
Pleader, we are of the opinion that there is no need to pass any specific
order. Hence, recording the submissions made by the learned Special
Government Pleader, the writ petition is closed. No costs. Consequently, the
connected Miscellaneous Petition is closed.
[R. P. S . , J.] & [ B. P., J.]
2 0.1 2.2 0 1 8
akv
To
1. The District Collector,
Kanyakumari District,
Nagercoil.
2. The Commissioner,
Nagercoil Municipality,
Nagercoil,
Kanyakumari District.
3. The Executive Engineer,
Public Works Department,
Kothayar Basin Divisional
Nagercoil, Kanyakumari District.
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4. The Tahsildar,
Agasteeswaram Taluk at Nagercoil,
Kanyakumari District.
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R. S U B BIAH, J.
A ND B . P U G A L E N DHI, J.
akv W. P.(MD)N o. 2 5 0 0 3 o f 2 0 1 8 2 0. 1 2. 2 0 1 8 http://www.judis.nic.in