Madras High Court
Arjun vs The District Collector on 5 July, 2023
Author: S.Vaidyanathan
Bench: S.Vaidyanathan, D.Bhartha Chakravarthy
W.P(MD)No.16219 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.16219 of 2023
Arjun ... Petitioner
Vs.
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Revenue Divisional Officer,
Sattur,
Virudhunagar District.
3.The Block Development Officer,
Virudhunagar Panchayat Union,
Virudhunagar District.
4.Tahsildar,
Virudhunagar Taluk,
Virudhunagar District.
5.The President,
Rosalpatti Village Panchayat,
Virudhunagar Panchayat Union,
Virudhunagar District.
6.Rajasekaran ... Respondents
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.16219 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus directing the respondents 4 & 5
to remove the encroachment in Survey No.290/13, Renganadhapuram Village,
Rosalpatti Village Panchayat, Virudhunagar Panchayat Union & Taluk,
Virudhunagar District in view of representation dated 16.06.2023 within a
stipulated time.
For Petitioner :Mr.M.Jothi Basu
For R-1 & R-4 :Mr.J.Ashok,
Additional Government Pleader
For R-2 & R-3 :Mr.D.Sachikumar,
Additional Government Pleader
ORDER
********** (Order of the Court was made by S.VAIDYANATHAN, J.) The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 4 & 5 to remove the encroachment in Survey No.290/13, Renganadhapuram Village, Rosalpatti Village Panchayat, Virudhunagar Panchayat Union & Taluk, Virudhunagar District based on his representation, dated 16.06.2023, within a stipulated time.
2.Heard the learned counsel for the petitioner and the learned Additional Government Pleaders appearing for the official respondents.
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3. Since no adverse order is passed against the respondents 5 and 6, notice to them is dispensed with.
4. The learned counsel for the petitioner would submit that there is encroachment in Survey No.290/13 mentioned in the prayer and that, the petitioner has made a representation on 16.06.2023 to remove the encroachment. However, the same has not been considered so far.
5. The fifth respondent is expected to conduct a survey 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. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
6. While doing such exercise, the dictum of the Hon'ble Apex Court as followed by this Court in W.P(MD)No.15636 of 2023, dated 05.07.2023, needs to be adhered to. Relevant portion of the said order reads as follows:
“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 https://www.mhc.tn.gov.in/judis 3/8 W.P(MD)No.16219 of 2023 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 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, https://www.mhc.tn.gov.in/judis 4/8 W.P(MD)No.16219 of 2023 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 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 encroachment, disciplinary action shall be initiated and punishment for major misconduct shall be entered in the https://www.mhc.tn.gov.in/judis 5/8 W.P(MD)No.16219 of 2023 service records that will deprive them of further chances of promotion.”
7. With the above direction, this writ petition is disposed of. No Costs.
Consequently, connected miscellaneous petition is closed.
[S.V.N.,J.] [D.B.C.,J.]
05.07.2023
Index:Yes/No
NCC:Yes/No
PM
To:
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Revenue Divisional Officer,
Sattur,
Virudhunagar District.
3.The Block Development Officer,
Virudhunagar Panchayat Union,
Virudhunagar District.
4.Tahsildar,
Virudhunagar Taluk,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis 6/8 W.P(MD)No.16219 of 2023 S.VAIDYANATHAN, J.
AND D.BHARATHA CHAKRAVARTHY, J.
PM https://www.mhc.tn.gov.in/judis 7/8 W.P(MD)No.16219 of 2023 ORDER MADE IN W.P(MD)No.16219 of 2023 05.07.2023 https://www.mhc.tn.gov.in/judis 8/8