Madras High Court
S.Suganya vs The District Collector on 3 July, 2023
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
W.P(MD)No.15918 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE D.BHARTHA CHAKRVARTHY
W.P(MD)No.15918 of 2023
and
W.M.P(MD)No.13336 of 2023
S.Suganya ... Petitioner
Vs.
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Tahsildar,
Karaikudi Taluk,
Sivagangai District.
3.The Revenue Inspector,
Sakkottai Firka,
Sivagangai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus calling for the
records relating to the impugned notice issued by the second respondent under
Section 6 of the Tamil Nadu Land Encroachment Act, 1905, dated 16.06.2023
and quash the same and consequently, directing the respondents to issue patta to
the petitioner in respect of land to an extent of 0.04.38 Ares in Survey No.242/4
at Iluppakudi Group, Sakkottai, Karaikudi Taluk, Sivagangai District by
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.15918 of 2023
considering the appeal preferred by the petitioner before the first respondent
under Section 10 of the Tamil Nadu Land Encroachment Act, dated 27.06.2023.
For Petitioner :Mr.A.Karthik
For Respondents :Mr.M.Lingadurai,
Special Government Pleader
ORDER
********** (Order of the Court was made by S.VAIDYANATHAN, J.) The petitioner has come forward with this writ petition questioning the order of the second respondent passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905(in short ''the Act''), dated 16.06.2023.
2. The Act provides for an appeal under Section 10 of the Act. The petitioner has also approached the appellate authority invoking Section 10 of the Act.
3. In view of the same, we are not inclined to grant relief as sought for by the petitioner. Since the factum of appeal is pending has been admitted by the petitioner even in the prayer, the appeal of the petitioner, dated 27.06.2023, shall be disposed of by the first respondent, within a period of three months from the date of receipt of a copy of this order, after affording opportunity of hearing to the parties concerned.
https://www.mhc.tn.gov.in/judis 2/8 W.P(MD)No.15918 of 2023
4. We expect a survey to be conducted 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. The dictum of the Hon'ble Apex Court as followed by this Court in W.P(MD)No.15636 of 2023, dated 03.07.2023, 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 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 https://www.mhc.tn.gov.in/judis 3/8 W.P(MD)No.15918 of 2023 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, 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 https://www.mhc.tn.gov.in/judis 4/8 W.P(MD)No.15918 of 2023 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 service records that will deprive them of further chances of promotion.” https://www.mhc.tn.gov.in/judis 5/8 W.P(MD)No.15918 of 2023
5. We make it clear that we have not rendered any finding on the merits of the plea made by the petitioner and it is for the authority concerned to consider the petitioner's case.
6. 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.]
03.07.2023
Index:Yes/No
NCC:Yes/No
PM
To:
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Tahsildar,
Karaikudi Taluk,
Sivagangai District.
3.The Revenue Inspector,
Sakkottai Firka,
https://www.mhc.tn.gov.in/judis 6/8 W.P(MD)No.15918 of 2023 Sivagangai District.
S.VAIDYANATHAN, J.
AND D.BHARATHA CHAKRVARTHY, J.
PM https://www.mhc.tn.gov.in/judis 7/8 W.P(MD)No.15918 of 2023 ORDER MADE IN W.P(MD)No.15918 of 2023 03.07.2023 https://www.mhc.tn.gov.in/judis 8/8