Madras High Court
P.A.Shahabudeen vs The District Collector on 25 September, 2019
Author: C.Saravanan
Bench: Vineet Kothari, C.Saravanan
Order dt. 25.09.2019 in W.P.No.238 of 2019
P.A.Shahabudeen v. The District Collector and others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2019
CORAM :
THE HON'BLE DR.VINEET KOTHARI, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.238 of 2019
P.A.Shahabudeen
S/o.Abdul Raseed
President, Sunnath Jamath Masjeeth
Perunthalaiyur Post - 638 315 .
Sakthi Nagar, Erode District. .. Petitioner
Vs
1 The District Collector
Erode District, Erode – 11.
2 The District Revenue Officer
Erode District, Erode – 11.
3 The Revenue Divisional Officer
Gobichettipalayam, Erode.
4 The Thasildar
Bhavani Taluk
Erode District.
5 Rajeswari
6 Vijaya
7 Meenakshi
8 Papathi, W/o.Paulraj
9 Papathi, W/o.Gurunathan
__________
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Order dt. 25.09.2019 in W.P.No.238 of 2019
P.A.Shahabudeen v. The District Collector and others
10 Revathi
11 Vijaya
12 Selvi
13 Madeswaran
14 Rasammal
15 Mythili
16 Thangavel .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying for issue of writ of mandamus directing the 4 th respondent to
implement the order of the 1st respondent in Muu.Mu.30319/2017/F-2
dated 17.7.2018.
For Petitioner : Mr.SP.Yuaraj
For Respondents : Mr.S.Kamalesh Kannan
Government Advocate
for respondents 1 to 5
Mr.K.Sathish Kumar
for respondents 5 to 8
and 10 to 16
No appearance
for 9th respondent
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner, P.A.Shahabudeen, son of Abdul Raseed, President, Sunnath Jamath Masjeeth, Perunthalaiyur Post – 638 315, __________ Page 2 of 7 http://www.judis.nic.in Order dt. 25.09.2019 in W.P.No.238 of 2019 P.A.Shahabudeen v. The District Collector and others Sakthi Nagar, Erode District, has filed this petition in this Court with the following prayer:
“To issue a writ of mandamus or any other appropriate writ, order or direction in the nature of a writ, directing the 4th respondent to implement the order of the 1 st respondent in Muu.Mu.30319/2017/F-2 dated 17.7.2018 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.”
2. Upon issuance of notices, the fourth respondent, Mr.K.Vijayakumar, son of Kavery, the Tahsildar, Bhavani Taluk, Erode District, has filed an affidavit in this Court in the month of January, 2019. The relevant portion of affidavit is quoted hereunder:
“5. I submit that, As extent of 031.5 Hectares of land comprised in sunvey field No.357/1 in Perunthalaiyur Village, Bhavani Taluk, Erode District has been classified as 'Kallpathai' – a pathway recognized as government poramboke as per the revenue registry of Perunthalaiyur Village. The pathway has been encroached by some 11 members families belonged to Panniyaandi Community which has been classified as scheduled caste Community. The encroachers have __________ Page 3 of 7 http://www.judis.nic.in Order dt. 25.09.2019 in W.P.No.238 of 2019 P.A.Shahabudeen v. The District Collector and others constructed small houses in the pathway and living there since 2009. The Kallpathai Poramboke is 11 meters away from the Bhavani River Bank. The width of the pathway is 5 meters which is running North- South direction. The 4th respondent has reported that the pathway in SF.No.357/1 has been encroached by 12 members out of which 5 encroachers are working as scavengers in Perunthalaiyur Panchayat. The remaining 7 members are labourers. The encroachment is made by petty construction either by tiled house or sheet roofing. According to the report of the 4th respondent, the encroached portion did not affect the free passing of vehicles and people to both he burial ground or the Bhavani River.
...
I Submit that, Now the Tamilnadu Government have issued an order in G.O.Ms.No.465, Revenue and Disaster Management (Land finalising unit 1(2)) Department Dated : 27.11.2018 in which the government have ordered to grant patta to the eligible encroachers who encroached the Government poramboke lands for more than five years. The Government have ordered to implement the scheme __________ Page 4 of 7 http://www.judis.nic.in Order dt. 25.09.2019 in W.P.No.238 of 2019 P.A.Shahabudeen v. The District Collector and others within a period of 6 months. The Government have further ordered that those who encroached in the objectionable prombokes shall also be considered for the grant of patta by sending proposals to the State Level Committee constituted under the scheme and get the approval for the grant of patta.”
3. In view of the submission made by the learned Government Advocate for respondents 1 to 4, Mr.S.Kamalesh Kannan, that the revenue authorities are even considering issuing pattas in favour of the encroachers who belong to the poor sections of the society, namely scavengers and labourers, we cannot direct the State to remove the encroachments forthwith. Moreover, the said encroachments are said to be situated beyond the river or water body in question, as complained by the petitioner. However, we leave it free for the petitioner to raise his objections before the District Collector or the revenue authorities, who are seized of the process of issuing pattas in favour of respondents 5 to 16.
__________ Page 5 of 7 http://www.judis.nic.in Order dt. 25.09.2019 in W.P.No.238 of 2019 P.A.Shahabudeen v. The District Collector and others With these observations, the writ petition is disposed of. No costs.
(V.K.,ACJ.) (C.S.N.,J.)
25.09.2019
Index : No
sasi
To:
1 The District Collector
Erode District, Erode – 11.
2 The District Revenue Officer
Erode District, Erode – 11.
3 The Revenue Divisional Officer
Gobichettipalayam, Erode.
4 The Thasildar
Bhavani Taluk
Erode District.
__________
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Order dt. 25.09.2019 in W.P.No.238 of 2019 P.A.Shahabudeen v. The District Collector and others THE HON'BLE ACTING CHIEF JUSTICE AND C.SARAVANAN, J.
(sasi) W.P.No.238 of 2019 25.09.2019 __________ Page 7 of 7 http://www.judis.nic.in