Partly allowed

Paavadai v. The District Collector

Madras HC7 Oct 2020WP/14010/2020

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's claim of merits but directed the Block Development Officer and the Tahsildar to coordinate and remove encroachments, including that of the 8th respondent, within ten weeks adhering to due process and natural justice.

What did the court decide?

Directing respondents 5 and 6 to coordinate and remove encroachments including that of the 8th respondent within ten weeks while following due process and natural justice.

Paavadai Vs The District Collector — Land Acquisition | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 07.10.2020

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CORAM

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THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND

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THE HONOURABLE MRS. JUSTICE R.HEMALATHA

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WP.No.14010/2020

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Paavadai .. Petitioner
Versus
1. The District Collector,
Kallakurichi District.
2. The District Revenue Officer
Kallakurichi, Kallakurichi District.
3. The Revenue Divisional Officer
Thirukovilur, Kallakurichi District.
4. The Deputy Superintendent of Police
Ulundurpet, Kallakurichi District.
5. The Block Development Officer [Village Panchayat]
Office of the Panchayat Union,
Thirunavalur, Ulundurpet Taluk
Kallakurichi District.
6. The Tahsildar
Ulundurpet Taluk,
Kallakurichi District.
7. The Inspector of Police
Thirunavalur Police Station
Thirunavalur, Ulundurpet Taluk
Kallakurichi District.
8. Thiru Poongodi .. Respondents

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Prayer:Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 7 to take immediate action for removal of the encroachment made by the 8^th respondent in the land in Survey No.262/1 of Attur Village, Ulundurpet Taluk, Kallakurichi District in the light of the representation dated 24.12.2019 of the petitioner.

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

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For Petitioner : Mr.P.K.Shivakumar for Mr.E.Manikandan For Respondents: Mr.M.Elumalai, AGP

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ORDER

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(1)By consent, the writ petition is taken up for final disposal and is disposed of by this order.

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(2)Mr.M.Elumalai, learned Additional Government Pleader accepts notice on behalf of respondents 1 to 7.

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(3)The petitioner is a resident of Attur Village, Ulundurpet Taluk, Kallakurichi District and according to him, the 8^th respondent was issued with the proceedings dated 01.09.2016 by the 6^th respondent in No.Na.Ka.A4/8961/2015 as to the allotment of alternate land in lieu of the removal of the encroachment caused by her in Natham S.No.362 of Attur Village, Ulundurpet Taluk and it was rejected. The petitioner would further state that the 8^th respondent also filed WP.No.32019 of 2016 against some of the official respondents herein praying for issuance of a writ of mandamus directing the President of the Local Body, viz., Attur Village, to dispose of the Appeal made on 04.08.2016 and till such time, forbearing them to resort eviction proceedings against her in respect of the land in S.No.362/1 of Attur Village, Ulundurpet Taluk, Villupuram District and it was dismissed on 05.10.2016.

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(4)Subsequently, she also made a challenge to the Eviction Notice dated 30.08.2018 issued by the 5^th respondent herein [who was arrayed as the 3^rd respondent therein] by filing WP.No.23724/2018 and the said writ petition was dismissed on 03.12.2018 with a direction that in the event of the writ petitioner therein/8^th respondent herein being served with the copy of the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, it is open to her to file an appeal under Section 10 of the said Act before the 1^st respondent.

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(5)Accordingly, the 8^th respondent herein filed an appeal before the 1^st respondent, who vide proceedings dated 25.12.2018 in Na.Ka.No.Aa5/23873/2018, had dismissed the said appeal. The Sub Collector of Thirukoilur, by means of the consequential proceedings dated 03.01.2019 in Se.Mu.A1/7383/2018, has also informed the 8^th respondent as to the rejection of the request made by the 8^th respondent herein for grant of patta in favour of her.

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(6)The learned counsel for the petitioner would submit that the 5^th respondent, as a consequent act of the earlier proceedings, sent a communication dated 07.08.2019 to the 6^th respondent in Na.Ka.No.Aa2/1896/2016 for removal of the encroachment and despite that, no further progress is taking place to cause the removal of the encroachment caused by the 8^th respondent and therefore, prays for appropriate orders.

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

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(7)The Court heard the submissions of Mr.M.Elumalai, learned Additional Government Pleader appearing on behalf of respondents 1 to 7.

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(8)This Court, taking into consideration the facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his representation or in this writ petition, directs the respondents 5 and 6 to coordinate with each other and subject to legal intradict if any, shall cause removal of the encroachments, which may include the encroachment caused by the 8^th respondent herein by adhering to due process of law and also the principles of natural justice and complete the said exercise within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner, 8^th respondent and any other person/s / encroachers if any.

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(9)The writ petition stands disposed of accordingly. No costs.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
AP
To
1.The District Collector,
Kallakurichi District.
2.The District Revenue Officer
Kallakurichi, Kallakurichi District.
3.The Revenue Divisional Officer
Thirukovilur, Kallakurichi District.

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4.The Deputy Superintendent of Police Ulundurpet, Kallakurichi District.

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5.The Block Development Officer [Village Panchayat] Office of the Panchayat Union, Thirunavalur, Ulundurpet Taluk Kallakurichi District.

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6.The Tahsildar Ulundurpet Taluk, Kallakurichi District.

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

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7.The Inspector of Police Thirunavalur Police Station Thirunavalur, Ulundurpet Taluk Kallakurichi District.

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+1 cc to M/s. E.Manikandan, Advocate Sr.No. 33039

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+1 cc to The Government Pleader, Sr.No. 33524

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WP.No.14010/2020

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VSNII(CO) RMP(09/11/2020)

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

Paavadai v. The District Collector

Case brief

What is this about?

What did the court decide?

Paavadai v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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