Document Fragment View

Matching Fragments

(Order of the Court was made by M.SATHYANARAYANAN, J.) The petitioner, alleging willful disobedience and non-compliance of the order dated 01.02.2019 in W.P.No.3147 of 2019, has filed this Contempt Petition.

2.The petitioner has filed the above said Writ petition for issuance of Writ of Certiorarified Mandamus calling for the records relating to the notice dated 05.01.2019 issued by the 5th respondent viz., the Revenue Inspector, Gudalur, The Nilgiris District, under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same and consequently, forebear the respondents from interfering with his possession and enjoyment of any portion of the land bearing Rs.S.No.491/1 (Old S.No.33/1A 1A) situated in Gudalur-I Village, the Nilgiris District, ad-measuring an extent of 0.87 acres till the final decision on his entitlement for Ryotwari Patta in the Appeals pending/provided under the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 in any manner. The Writ Petition was disposed of based on the submission made by the learned Government Pleader (i/c) that the petitioner shall not be evicted without http://www.judis.nic.in Contempt Petition No.739 of 2019 following due process of law and the Division Bench, taking note of the same, made an observation that no further directions are required in the Writ Petition and accordingly, disposed of the Writ Petition.

3.Mr.T.P.Manoharan, learned Senior Counsel assisted by Mr.K.P.Jotheeswaran learned counsel appearing for the petitioner would submit that the property in respect of the land ad-measuring 50 cents together with building bearing No.12/738F1E, 12/738F1F and 12/738F1D of Gudalur Municipality in Old Survey No.33/1A1A1C, Re-Survey No.491/1, Gudalur, The Nilgiris District, the petitioner has filed a suit in O.S.No.87 of 2017 on the file of the Principal District Munsif Court, Gudalur praying for permanent injunction restraining the defendants viz., the Collector of Nilgiris, Uthagamandalam, the Revenue Divisional Officer, Gudalur, The Tahsildar, Gudalur, the Commissioner, Gudalur Municipality, Gudalur and the Village Administrative Officer, Gudalur-I, Gudalur, The Nilgiris, from interfering with the peaceful possession and enjoyment of the Suit Schedule Property along with the buildings thereon and an order of Status Quo is in operation.

“1.The plaintiff submit that the suit schedule property belonged to the Janmam of Nilambur Kovilakam and Thacharakavil Manuventran Raja avargal to Padmanbhan executed a registered Lease Deed under Document bearing No.134/1943 which has been duly registered before the appropriate authority. Subsequently the Padmanabhan and others were transferred there lease hold rights over the properties to Dr.Mathews Mar Athansias vide Document No.59/1961 registered at Sub Registrars Office at Gudalur. Thereafter the property has been transferred the legal heirs of namely Dr.Joseph Chacko, S/o Joseph represented by its Power of Attorney Agent Mr.P.A.Thomas Jacob, S/o K.K.Chacko transferred to Mr.Appu under Document No.1408/1980 of Sub Registrar's Office at Gudalur dated 27- 11-1980 for an extent of 0.27 ½ Acres in Old Survey http://www.judis.nic.in Contempt Petition No.739 of 2019 No.33/1A1A1C correlating Re-Survey No.491/1 of Gudalur Village. The suit schedule property comes under the purview of M P P F Act and accordingly then vendor has applied the Collector of Nilgiris for permission to sale the property and as per the proceedings of the Collector of Nilgiris in his R F (76) 85354/76 dated 5-11-1976 the permission was granted.

...
(3) Payment of property tax, provisions of water connection or electricity by themselves cannot be construed as conferring any independent right, if the encroachment is otherwise unauthorised.”

14. A perusal of the counter affidavit would also disclose that the land in Old Survey No.33/1A1, Gudalur Village, has been notified under the Tamil Nadu Preservation of Private Forests Act, 1949 and in the light of the http://www.judis.nic.in Contempt Petition No.739 of 2019 provisions of Section 3(1)(a) of the said Act, no owner of any forest shall without the previous sanction of the District Committee, sell, mortgage, lease or otherwise alienate the whole or any portion of the forest and the petitioner did not obtain any permission from the Committee for getting executed an unregistered Sale Agreement in his favour. That apart, the persons, who claim to be in possession, are yet to be issued with any Patta for the reason that their claim for Patta was rejected by the Settlement Officer and that appeal in C.M.A.No.54 of 2009 on the file of the Court of District Munsif, Udhagamandalam, The Nilgiris, against the rejection is pending. Thus, prima facie, the petitioner did not have any semblance of right in respect of the lands in question, which is also the subject matter of the Suit in O.S.No.87 of 2017 pending on the file of the Principal District Munsif Court, Gudalur, The Nilgiris. It is also the specific stand of the 1st respondent in paragraph nos.– 6 and 25 of the counter affidavit dated 15.07.2019 that the petitioner has been offered with reasonable opportunities in terms of the Tamil Nadu Land Encroachment Act, 1905 and eviction was carried out on 07.03.2019 and a major portion of the superstructure, which is totally unauthorised, has been demolished.