Madras High Court
Mr.Kothandan vs Special Officer
Author: R.Subbiah
Bench: R.Subbiah, Sathi Kumar Sukumara Kurup
Order dated 21.01.2021 in W.P.No.19956 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.01.2021
Coram:
HONOURABLE MR.JUSTICE R.SUBBIAH
and
HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.No.19956 of 2020
and
W.M.P.No.24635 of 2020
Mr.Kothandan, S/o Murugesa n .. Petitioner
Vs.
1. Special Officer, Mugaiyur Panchayat
& B.D.O,
Lathur (E) Pavunjur, Chengleput District-603 312.
2. Public Works Department,
Rep. by its Asst. Engineer,
Irrigation Division,
Water Resource Organisation,
Sadras, Kalpakkam,
Chengleput District-603 102. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorari to call for the records pertaining
to the impugned notice Na.Ka.No.2284/2020/A2, dated 10.11.2020 issued
by the first respondent to the petitioner and quash the same.
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Order dated 21.01.2021 in W.P.No.19956 of 2020
For petitioner : Mrs.Lita Srinivasan
For respondents: Mr.V.Jayaprakash Narayanan, Govt. Pleader
ORDER
(The Order of the Court was made by R.Subbiah, J) This Writ Petition has been filed seeking for issuance of a Writ of Certiorari to call for the records pertaining to the impugned notice in Na.Ka.No.2284/2020/A2, dated 10.11.2020 issued by the first respondent to the petitioner and quash the same.
2. The petitioner is in possession of the property comprised in Survey No.258/1 of 0.39.5 ares in Kuttai Poramboke and its parts in Mugaiyur Village, Cheyyur Taluk in Chengleput District. He is residing with his family and eking out his livelihood as daily wage labourer. Along with the petitioner, there are six other families which are living in the same Survey Number. The petitioner is in possession of the said property for over 40 years. They have also sought for Patta through Jamabandi and there are Page No.2/6 https://www.mhc.tn.gov.in/judis/ Order dated 21.01.2021 in W.P.No.19956 of 2020 appeals made for patta as early as on 27.06.1985. It is further stated by the petitioner that he had spent huge amount from their hard earned money to put up a dwelling house for their shelter. It is also stated by the petitioner that he is having proof of payment of taxes to the Mugaiyur Panchayat in respect of the above property and electricity service connection is also provided to their premises. It is further stated by the petitioner that in the month of November 2020, some officials from the office of the first respondent came to the petitioner's area and informed that they are going to evict the encroachers, including the petitioner and others who have encroached the land classified as Kuttai Poramboke. The first respondent served the impugned notice dated 10.11.2020 on the petitioner and other six families residing in the same survey number. To the said notice, the petitioner had submitted his representation/objection in writing on 20.11.2020.
3. When the Writ Petition is taken up for consideration, the learned Government Pleader appearing for the respondents submitted that the petitioner is an encroacher of Kuttai Poramboke land. Impugned notice was issued by the first respondent under Section 7 of the Tamil Nadu Land Page No.3/6 https://www.mhc.tn.gov.in/judis/ Order dated 21.01.2021 in W.P.No.19956 of 2020 Encroachment Act. If any objection is given to the impugned notice, the same will be considered by the respondents and appropriate orders will be passed as per Section 6 of the Tamil Nadu Land Encroachment Act.
4. In view of the above submissions made by the learned Government Pleader appearing for the respondents, this Court is constrained to pass the following order:
The petitioner is directed to give a copy of the objections already said to have been given to the respondents, within one week from the date of receipt of a copy of this order and on receipt of the said objections, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, within 15 days thereafter, after affording an opportunity of personal hearing to the petitioner.
5. With the above direction, the Writ Petition is disposed of. No costs. Consequently, W.M.P. is closed.
(R.P.S.J) (S.S.K.J)
21.01.2021
Speaking Order: Yes
cs
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Order dated 21.01.2021 in W.P.No.19956 of 2020 To
1. Special Officer, Mugaiyur Panchayat & B.D.O, Lathur (E) Pavunjur, Chengleput District-603 312.
2. Public Works Department, Rep. by its Asst. Engineer, Irrigation Division, Water Resource Organisation, Sadras, Kalpakkam, Chengleput District-603 102.
Page No.5/6 https://www.mhc.tn.gov.in/judis/ Order dated 21.01.2021 in W.P.No.19956 of 2020 R.SUBBIAH, J and SATHI KUMAR SUKUMARA KURUP, J cs W.P.No.19956 of 2020 21.01.2021 Page No.6/6 https://www.mhc.tn.gov.in/judis/