Madras High Court
C.Chinnappan vs The State Of Tamil Nadu on 27 January, 2022
Author: M.N.Bhandari
Bench: Munishwar Nath Bhandari, P.D.Audikesavalu
W.P.No.34835 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 16.12.2021 Pronounced on : 27.01.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No. 34835 of 2019
C.Chinnappan .. Petitioner
vs
1. The State of Tamil Nadu,
rep. by its Secretary,
Revenue Department,
Fort St. George,
Chennai – 600 009.
2. The Additional Secretary/Commissioner,
Land Administration,
Chepauk,
Chennai – 600 005.
3. The District Collector,
Tiruchengode Road,
Namakkal District,
Namakkal – 637 003.
4. The District Revenue Officer,
Tiruchengode Road,
Namakkal District,
Namakkal – 637 003.
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W.P.No.34835 of 2019
5. The Tahsildar,
Rasipuram Taluk,
SH 79, VIP Nagar,
Rasipuram,
Namakkal District – 637 408.
6. The Block Development Officer,
Namakiripettai,
Namakkal District – 637 406.
7. The Deputy Superintendent of Police,
Namakkal,
Namakkal District – 637 003.
8. The Director for Planning,
District Rural Development Office,
Namakkal,
Namakkal District – 637 406.
9. The Commissioner,
Panchayat Union,
Namakiripettai,
Namakkal – 637 406.
10. The Chairman,
Panchayat Union,
Namakiripettai,
Namakkal District.
11. The Assistant Director,
District Land Survey Office,
District Collectors Office Campus,
Namakkal District – 637 003.
12. The Assistant Area Engineer (Operation and Maintenance),
Tamil Nadu Electricity Board,
Veppaliilaikuttai Village,
Mathuruttu Post,
Rasipuram Taluk,
Namakkal District – 636 202.
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W.P.No.34835 of 2019
13. The Village Administrative Officer,
Veppaliilaikuttai Village,
Mathuruttu Post,
Rasipuram Taluk,
Namakkal District – 636 202.
14. Ramalingam
15. Erusappapadaiyachi
16. V.C.Periyasami
17. V.C.Raja
18. Nallappan
19. Kandhasami
20. Chinasami
21. Selvam @ Karuppanan
22. Aalimuthu
23. Duraisami
24. Palaniyappan
25. Ponnusami
26. Chinamma
27. Vijaya
28. Vasantha
29. Peraman
30. Pachaiyammal
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W.P.No.34835 of 2019
31. Periyammal
32. Raman
33. Aaran @ Raja
34. Sarasu
35. P.Vadamalai
36. D.Pachamuthu ..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the First to Thirteenth
Respondents to remove all the encroachments made by the
Fourteenth to Thirty Sixth Respondents in the Government lands,
river (water bodies) and burial grounds comprised in S. Nos. 140/55,
85, 87, 106, 129, 139, 141, 154, 159, 350, 31, 352, 353, 354, 355,
356, 357, 358, 359 and 360, all situated in the Village Old No. 62,
New No. 76, Veppalliaikuttai Village, Mathuruttu Post, Rasipuram
Taluk, Namakkal District – 636 202 and to direct the First to
Thirteenth Respondents to maintain the Government land and river as
per the revenue records pertaining to 'Kuttai' in S.F. No. 140 and
'River' in S.F. No. 105, both as per village map FMB without any
encroachments in future.
For the Petitioner : Mr. S.L.Sudarshanam
For the Respondents 1 to 13 : Mr. R.Shunmugasundaram,
Advocate General
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W.P.No.34835 of 2019
assisted by
Mrs. R.Anitha,
Special Government Pleader
For the Respondents 13 to : No appearance
20, 22 to 29, 31 to 33 & 35
For the Respondent 21 : Not ready in notice
ORDER
(Order of the Court was made by the Hon'ble Mr. Justice P.D.AUDIKESAVALU) We have heard Mr. S.L.Sudarshanam, Learned Counsel for the Petitioner and Mr. R.Shunmugasundaram, Learned Advocate General assisted by Mrs. R.Anitha, Learned Special Government Pleader appearing for the First to Thirteenth Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2. The Writ Petition has been filed for directing the First to Thirteenth Respondents to remove all the encroachments made by Fourteenth to Thirty Sixth Respondents in the Government lands, river (water bodies) and burial grounds comprised in S. Nos. 140/55, 85, 87, 106, 129, 139, 141, 154, 159, 350, 31, 352, 353, 354, 355, 356, 357, 358, 359 and 360 situated in the Village Old No. 62, New No. 76, Veppalliaikuttai Village, Mathuruttu Post, Rasipuram Taluk, ___________ Page 5 of 17 https://www.mhc.tn.gov.in/judis W.P.No.34835 of 2019 Namakkal District and to direct the First to Thirteenth Respondents to maintain the Government Land and river as per the Revenue records pertaining to 'kuttai' in S.F.No. 140 and 'river' in S.F.No. 105, both as per Village map FMB without any encroachments in future.
3. Though notice had been served on the Fourteenth to Twentieth, Twenty Second to Twenty Ninth, Thirty First to Thirty Third, Thirty Fifth and Thirty Sixth Respondents, they have not entered appearance either in person or through Counsel. Though notice had been ordered to the Twenty First Respondent, service has not been completed.
Notice sent to the Thirtieth Respondent had returned unserved with postal endorsement 'deceased' and the notice sent to the Thirty Fourth Respondent had returned with the postal endorsement 'left'. In view of the order proposed to be passed, which would not cause any prejudice to the Twenty First and Thirty Fourth Respondents, notice to them is dispensed with.
4. In furtherance to the order passed on 17.12.2019, the Fifth Respondent has filed a Status Report in which after inspecting the lands mentioned by the Petitioner, it has been stated as follows:-
___________ Page 6 of 17 https://www.mhc.tn.gov.in/judis W.P.No.34835 of 2019 “ It is submitted that out of 31 cases fow hich show cause notices have been issued on 29.01.2020 in first spell by this respondent, 4 encroachers gave their explanation on 13.02.2020 stting that their encroachments are not hindrance and they may be issued patta for the portion they encroached. I have examined their explanations and passed four speaking orders on 24.2.2020 in R.o.c. No. 11655/2019 (B1), dated :
24.2.2020 rejecting their explanation and rejecting their request for issue of patta. Consequently I have issued notices under Section 6 of the Tamilnadu Land Encorachment Act 1905 on 24.02.2020 directing them to vacate their encroachments themselves failing which their encroachments will be removed by this respondent. It is submitted that in respect fo 27 encroachers who failed to offer explanations for the show cause notices issued under Section 7 of the Tamilnadu Land Encorachment Act 1905 on 29.01.2020, I have laso issued notices under Seciton 6 of the Tamilnadu Land Encroachment Act 1905 on 24.02.2020 directing them to vacate their encroachments will be removed by this respondent.
It is submitted that in respect of second spell cases of 30 for which show cause notice under Section 7 of the Tamilnadu Land Encroachment Act 1905 have been issued on 24.02.2020, encroachers are bound to offer their explanation on or before 10.03.2020. It is submitted that I will also ensure issue of notices under Section 6 of the ___________ Page 7 of 17 https://www.mhc.tn.gov.in/judis W.P.No.34835 of 2019 Tamilnadu Land Encroachment Act 1905 after examining their explanations if any received.
In conclusion I submit that I have surveyed all the fields which have been mentioned in the writ petition, and identified the encroachments including one made by the writ petitioner and have taken action to remove all the encorachments.” Though a period of more than 21 months have lapsed since then, there is nothing placed on record to show that the removal of encroachments has been completd as undertaken by the Fifth Respondent.
5. In the aforesaid circumstances, the Writ Petition is disposed on the following terms:-
(i) the concerned authority after issuing due notice to the Petitioner, the Thirteenth to Twenty Ninth and Thirty First to Thirty Sixth Respondents, the legal heirs of the Thirtieth Respondent and all other persons required, shall immediately inspect the lands mentioned by the Petitioner to demarcate its boundaries by 15.02.2022;
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(ii) if it has been found that there are any encroachments in that water body or Government land, immediate action for their removal shall be taken following the prescribed procedure under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, or such other applicable law as the case may be;
(iii) the report of compliance of action taken in that regard along with FMB sketch and photographs taken before and after the removal of encroachments shall be peremptorily filed before the Registrar (Judicial) of this Court by 31.03.2022;
(iv) in order to safeguard the water body and avert anymore encroachments in future, the directions issued by this Court in the order dated 27.01.2022 in W.P. (MD) No. 22163 of 2018 etc., batch shall be scrupulously followed; and
(v) the parties shall bear their respective costs.
(M.N.B., ACJ.) (P.D.A., J.) 27.01.2022 Index : Yes/No vjt Note: If compliance report is not filed by ___________ Page 9 of 17 https://www.mhc.tn.gov.in/judis W.P.No.34835 of 2019 31.03.2022, the matter shall be listed before the Court thereafter.
___________ Page 10 of 17 https://www.mhc.tn.gov.in/judis W.P.No.34835 of 2019 To:
1. The Secretary to Government, Revenue Department, Fort St. George, Chennai – 600 009.
2. The Additional Secretary/Commissioner, Land Administration, Chepauk, Chennai – 600 005.
3. The District Collector, Tiruchengode Road, Namakkal District, Namakkal – 637 003.
4. The District Revenue Officer, Tiruchengode Road, Namakkal District, Namakkal – 637 003.
5. The Tahsildar, Rasipuram Taluk, SH 79, VIP Nagar, Rasipuram, Namakkal District – 637 408.
6. The Block Development Officer, Namakiripettai, Namakkal District – 637 406.
7. The Deputy Superintendent of Police, Namakkal, Namakkal District – 637 003.
8. The Director for Planning, ___________ Page 11 of 17 https://www.mhc.tn.gov.in/judis W.P.No.34835 of 2019 District Rural Development Office, Namakkal, Namakkal District – 637 406.
9. The Commissioner, Panchayat Union, Namakiripettai, Namakkal – 637 406.
10. The Chairman, Panchayat Union, Namakiripettai, Namakkal District.
11. The Assistant Director, District Land Survey Office, District Collectors Office Campus, Namakkal District – 637 003.
12. The Assistant Area Engineer (Operation and Maintenance), Tamil Nadu Electricity Board, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
13. The Village Administrative Officer, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
Copy to:
1. C. Chinnappan, S/o. Senka, Veppillaikuttai Village, Rasipuram Taluk, Namakkal District – 636 202.
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2. Ramalingam, S/o. Poosari @ponnusami, Veppaliilaikuttai Village (West), Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
3. Erusappapadaiyachi, S/o. Sadaiyapdaiyachi, Veppaliilaikuttai Village, (south) Near River, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
4. V.C. Periyasami (Ex ward member) S/o. Chinnappan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
5. V.C. Raja, S/o. Chinnappan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
6. Nallappan, S/o. Arumugam, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
7. Kandhasami (Ex ward member) (East), ___________ Page 13 of 17 https://www.mhc.tn.gov.in/judis W.P.No.34835 of 2019 S/o. Maanikkam, Veppaliilaikuttai Village (East), Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
8. Chinnasami, S/o. Iyyanarappan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
9. Selvam @ Karuppanan, S/o. Erusappan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
10. Aalimuthu, S/o. Nallappan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
11. Duraisami, S/o. Arumugam, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
12. Palaniyappan, S/o. Thaanappan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
13. Ponnusami, ___________ Page 14 of 17 https://www.mhc.tn.gov.in/judis W.P.No.34835 of 2019 S/o. Karuppannan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
14. Chinamma, W/o. Chinappan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
15. Vijaya, W/o. Krishnan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
16. Vasantha, W/o. Manikkam, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
17. Peraman, S/o. Kandan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
18. Periyammal, S/o.Murugesan, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
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19. Raman, S/o. Reghuraman, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
20. Aaran @ Raja, S/o. Arumuga, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
21. Sarasu, W/o. Annamalai, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
22. P. Vadamalai, S/o. Periyannagounder (Oor Gounder), Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
23. D. Pachamuthu, S/o. Duraisami Padaiyachi, Veppaliilaikuttai Village, Mathuruttu Post, Rasipuram Taluk, Namakkal District – 636 202.
24. The Registrar (Judicial), Madras High Court, Chennai – 600 104.
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vjt W.P.No. 34835 of 2019 Reserved on : 16.12.2021 Pronounced on : 27.01.2022 ___________ Page 17 of 17 https://www.mhc.tn.gov.in/judis