Madras High Court
S.Gowrishankar vs The District Collector on 2 February, 2023
Author: R. Mahadevan
Bench: R. Mahadevan, Mohammed Shaffiq
W.P.No.32626 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2023
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
W.P.No.32626 of 2019
S.Gowrishankar ... Petitioner
Vs.
1.The District Collector,
Erode, Erode District.
2.The Tahsildar,
Anthiyur,
Anthiyur Taluk.
3.The Revenue Inspector,
Athani Village & Post,
Anthiyur Taluk, Erode District.
4.The Village Administrative Officer,
Athani Village & Post, Anthiyur Taluk,
Erode District.
5.A.P.Thangavel
6.T.Boopathy
7.A.R.Dhanapal
8.A.K.Chellappan ... Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking to
issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the
petitioner's representation dated 24.06.2019 submitted to the first respondent to
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W.P.No.32626 of 2019
remove the encroachments of Nilaviyal Vandipathai and Nilaviyal Odai in
R.S.No.414/2, 3 and 7 and encroachment about 50 cents odai poramboke, odai
running between 414/6 and East-West Panchayat Tar Road in Athani Village,
Anthiyur Taluk, Erode District.
For petitioner : Mr.N.Manoharan
For Mr.P.Chandrasekar
For respondents : Mr.A.Selvendran
Special Government Pleader
for R1 to R4
Mr.L.Mouli for R5 and R6
Mr.S.Kaithamalai Kumaran for R7 & 8
For M/s.B.Keerthi Krishna
ORDER
(Order of the Court was made by R. MAHADEVAN, J.) The relief sought in this writ petition is to issue a writ of mandamus directing the respondents 1 to 4 to consider the representation of the petitioner dated 24.06.2019 and to remove the encroachments of Nilaviyal Vandipathai and Nilaviyal Odai in R.S.Nos.414/2, 3 and 7 and encroachment about 50 cents odai poramboke, odai running between 414/6 and East-West Panchayat Tar Road in Athani Village, Anthiyur Taluk, Erode District.
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2.According to the learned counsel for the petitioner, as per the field map maintained by the respondent authorities, the lands in S.Nos.414/2, 3 and 7 are classified as "Nilaviyal Vandipathai" and "Odai" passing from north to south side of Bhavani river. The said cart track and odai are used by the Athani villagers and also during rainy seasons, the rain water will pass from northern side to southern side and finally, will reach Bhavani river. While so, the respondents 5 to 8, who own the agricultural lands in S.Nos.416, 414/4B & 6, 414/1A, 4A, encroached the said lands classified as Nilaviyal Vandipathai and odai. Hence, the petitioner made a representation to the first respondent on 24.06.2019 to remove the said encroachments. However, till date, no action has been taken on the same. Therefore, the petitioner is before this court with the aforesaid relief.
3.The learned Additional Government Pleader appearing for the respondents 1 to 4 reiterating the averments made in the counter affidavit filed by the second respondent and submitted that upon inspection, it was found that the lands in R.S.Nos.414/2, 414/3, and 414/7 of Athani Village, have been marked as nilaviyal cart track and odai in the revenue records and the same are being used for transportation purpose as well as free flow of water during the rainy season, but they have been encroached by the private respondents herein. It is further stated that when the respondent authorities initiated action for removal, the encroachers submitted that the civil suits are pending. Thus, according to the Page 3/6 https://www.mhc.tn.gov.in/judis W.P.No.32626 of 2019 learned counsel, the encroachers have filed the suits before the civil courts deliberately with an aim to evade from the action of removal of their encroachments in the disputed fields. However, there was no interim or permanent injunction was granted with regard to the interference of the disputed lands. Therefore, appropriate direction may be given to the respondent authorities for removal of the encroachments in the lands in question.
4.Denying the averments made in the counter affidavit filed by the second respondent, the learned counsel appearing for the respondents 5 and 6 would submit that the respondents 5 and 6 have not made any encroachment on the public property much less petition mentioned properties. It is further submitted that as per the communication of the Zonal Headquarters Deputy Tahsildar, Anthiur, dated 21.06.2019, the properties in S.Nos.414/2, 3 and 7 have not been classified as Nilaviyal Vandipathai and odai. Even otherwise, any unilateral classification made in the revenue records without notice to the respondents 5 and 6, cannot be binding on them, when they have easementary right on the common cart track. It is also submitted that now, the issue involved herein is seized of by the civil court and hence, any order to be passed in this writ petition would affect the rights of the parties. Stating so, the learned counsel prayed for dismissal of this writ petition.
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5.Upon considering the rival submissions and having regard to the settled law that the pendency of the civil proceedings will not be a bar for removal of encroachments in the Government lands / water body, this court directs the respondents 1 to 4 to conduct enquiry, after hearing all the parties concerned and thereafter, take appropriate action, with regard to removal of encroachments in the subject lands, in the manner known to law. The parties are at liberty to produce the required documents including the civil court orders to the authority concerned at the time of enquiry. Such an exercise shall be completed by the respondent authorities within a period of eight weeks from the date of receipt of a copy of this order.
6.With the above directions, the writ petition is disposed of. No costs.
[R.M.D,J.] [M.S.Q, J.]
02.02.2023
rns
Speaking Order / Non-speaking order
Internet : Yes.
Index : Yes/No
To
1.The District Collector,
Erode, Erode District.
2.The Tahsildar,
Anthiyur,
Anthiyur Taluk.
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W.P.No.32626 of 2019
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
rns
3.The Revenue Inspector,
Athani Village & Post,
Anthiyur Taluk, Erode District.
4.The Village Administrative Officer,
Athani Village & Post, Anthiyur Taluk,
Erode District.
W.P.No.32626 of 2019
02.02.2023
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