Allowed

P.Rajendran v. the District Collector

Madras HC15 Nov 2018WP(MD)/23599/2015

Case brief

AI extract

What is this about?

The Madurai Bench set aside an order for encroachment removal passed without a show-cause notice or adherence to G.O.Ms.No.854 norms, directing fresh proceedings under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 within twelve weeks.

What did the court decide?

Impugned order set aside; fresh proceedings directed under Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 within twelve weeks.

P.Rajendran Vs the District Collector — Land Acquisition | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 15.11.2018

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CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI

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W.P.(MD)No.23599 of 2015 and W.M.P.(MD)Nos.1, 2 of 2015 and 13396 of 2016

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P.Rajendran ... Petitioner Vs. 1. The District Collector, Theni District, Collectorate, Theni Post and District. 2. The Tahsildar, Uthamapalayam Taluk Office, Uthamapalayam Taluk, Theni District. 3. The Commissioner, Chinnamanoor Municipality, Chinnamanoor Post 625 515, Uthamapalayam Taluk, Theni District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order issued by the third respondent in Na.Ka.No.6243/2015/F-1, dated 11.12.2015 and quash the same and consequently direct the first respondent to issue patta in favour of the petitioner's name for occupied house site situated in Ward – 19, Viswankulam Ward – A, Block No.14 near to the Government Kallar Girls Hostel, Chinnamanoor Municipality, Theni District, as per G.O.Ms.No.854, Revenue Department, dated 30.12.2006 and consequential G.O.Ms.No.372 Revenue Department, dated 26.08.2014. For Petitioner : Mr.M.Saravana Kumar For R1 & R2 : Mr.M.Jeyakumar Additional Govt. Pleader For R3 : Mr.M.Karuppasamy Pandiyan

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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[Order of the Court was made by R.SUBBIAH,J.]

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The writ petition has been filed challenging the impugned order passed by the third respondent in Na.Ka.No.6243/2015/F-1, dated 11.12.2015 and to quash the same and consequently direct the first respondent to issue Patta in favour of the petitioner's name for the occupied house site situated in Ward – 19, Viswankulam Ward – A, Block No.14, as per G.O.Ms.No.854, Revenue Department, dated 30.12.2006 and consequential G.O.Ms.No.372 Revenue Department, dated 26.08.2014.

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In the affidavit, it is stated that the petitioner has constructed a small thatached house in the Government poramboke land situated in Ward No.19, Viswankulam Ward – A, Block No.14, near to the Government Kallar Girls Hostel, Chinnamanoor Municipality, Theni District. He is residing in the above said address for the past forty years. While so, some individuals made a complaint against the petitioner alleging that he has encroached the poramboke land. Now, the third respondent without following the norms prescribed in G.O.Ms.No.540, Revenue Department, dated 04.12.2014, issued the impugned order by way of notice and taking steps to demolish the house. Hence, the petitioner has made a representation to the revenue authorities for issuance of free house site patta. But the same is still pending. Therefore, the petitioner has come forward to file the present writ petition.

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The second respondent has filed a detailed counter, wherein, it has been stated that the public made a representation to the respondents to remove the encroachment made in the water body viz., Visvankulam Tank situated at Chinnamanoor, Uthamapalayam Taluk, Theni District. Thereafter, the first respondent directed the second respondent to inspect the property and take necessary action. The third respondent Subordinate Revenue Inspector, Chinnamanoor with the help of the surveyor, surveyed the land and submitted a report on 16.10.2015, stating that some of the persons encroached the Viswankulan Tank Bund. After receipt of the report from the Revenue Inspector, the second respondent submitted a report to the first respondent. On the basis of the said report, the third respondent issued the impugned order against the petitioner for removing the encroachments. Thus, he sought for dismissal of the writ petition.

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The learned counsel appearing for the petitioner would submit that without issuing a show-cause notice and without following the norms prescribed in G.O.(Ms.)No.854, Revenue Department, the third respondent directly issued the impunged notice. He would further submit that no opportunity was given to the Petitioner to putforth his grievance before the authorities.

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In view of the submissions made on either side, the impugned https://hcservices.ecourts.gov.in/hcservices/ order passed by the third respondent in Na.Ka.No.6243/2015/F-1, dated 11.12.2015 is set aside and the third respondent is directed

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to issue a fresh proceedings in accordance with G.O.(Ms.)No.854, Revenue Department, to remove the encroachments under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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