Disposed

Mr.S.Raja, v. The District Collector

Madras HC6 Oct 2021WP/10205/2016

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Court directed several respondents to evict encroachers from Government and Highways lands. The Court ordered the creation of assessments for financial losses and directed the authorities to complete the eviction within six months.

What did the court decide?

Direct respondents to evict encroachers, assess damages, recover losses, and complete actions within six months.

Mr.S.Raja, Vs The District Collector — Property and Title | Madras HC (2021)

¶1

 IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 06-10-2021

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

¶5

WP No.10205 of 2016

¶6

And

¶7

WMP No.9059 of 2016

¶8

Mr.S.Raja

¶9

.. Petitioner

¶10

vs.

¶11

1.The District Collector, Office of the District Collector, Salem District – 636 001.

¶12

2.The District Revenue Officer, Office of District Collector, Salem District – 636 001.

¶13

3.The Revenue Divisional Officer, Office of Revenue Division, Office of District Collector Campus, Salem District – 636 001.

¶14

4.The Thasildar, Vazhapady Town and Taluk, Salem District.

¶15

5.The District Divisional Engineer, Highways Department, Opp: National Hotel, Salem District – 636 004.

¶16

6.The Assistant Divisional Engineer, Highways Department, Vazhapady Travellers Bungalow, Vazhapady Town and Taluk, Salem District.

¶17

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

¶18

7.Mr.Semmalai

¶19

8.Mr.Govindan

¶20

 S/o.Mr.Ramasamy

¶21

9.Mr.Pachaiyappan

¶22

10.Mr.Govindan,

¶23

 S/o.Mr.Lakshmana Nadar

¶24

11.Mr.Selakkannu

¶25

12.Mr.Chennan

¶26

13.Mr.Rajendran

¶27

14.Mr.Natesan

¶28

15.Mr.Pandiselvan

¶29

16.The Town Surveyor, Vellalagundam Village, Vazhapadi Taluk, Salem District – 636 111.

¶30

17.The Village Administrative Officer, Vellalagundam Village, Vazhapadi Taluk, Salem District – 636 111.

¶31

18.The Assistant Engineer,

¶32

(Construction and Maintenance), Highways Vazhapady Taluk, Salem District – 636 111.

¶33

19.The Branch Manager, Indian Overseas Bank, Vellalagundam Post, Vazhapady Taluk, Salem District – 636 111.

¶34

20.The Executive Engineer,

¶35

Tamil Nadu Electricity Department,

¶36

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

¶37

 Vellalagundam Post,
 Vazhapady Taluk,
 Salem District – 636 111.

¶38

21.The Block Development Officer,
 Ayodhyapattinam,
 Vazhapady Taluk,
 Salem District.
(R-21 suo motu impleaded vide order
 of Court dated 06.10.2021 in
 WP 10205 of 2016)

¶39

.. Respondents

¶40

Writ Petition is filed under Article 226 of the
Constitution of India, praying for the issuance of a Writ of
Mandamus, directing the respondents 1 to 6, 16 to 18 and 21 to
consider the representations of the petitioner dated 23.12.2015
and 31.12.2015.

¶41

For Petitioner: Mr.Ragavendran for
 Mr.M.Vivekanandan

¶42

For Respondents-1to6,
 16 to 18 and 21 : Mr.C.Kathiravan,
 Government Advocate.

¶43

For Respondents-7 to 15 : Mr.P.Ravishankar
For Respondent-20: Mr.M.Abdul Kalam
For Respondent-19 : No Appearance

¶44

ORDER

¶45

The relief sought for in the present writ petition is to
direct the respondents 1 to 6, 16 to 18 and 21 to consider the
representations submitted by the petitioner dated 23.12.2015 and
31.12.2015.

¶46

2. The representations submitted by the petitioner reveal
that certain illegalities were committed in respect of the
Government lands and there was a dispute in the financial
transactions within the groups in that particular locality.

¶47

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

¶48

3. When the writ petition is taken up for hearing,
shockingly it was informed that the subject lands belong to the
Government and few greedy men encroached the Government lands and
illegally constructed buildings and interestingly rented out to
the Tamil Nadu Electricity Board and to a Nationalised Bank.

¶49

4. It is an illegality committed to such an extent that
such greedy men have no respect towards Law and gone to the
extent of renting out the building to the Government Undertaking,
namely, Tamil Nadu Electricity Board and to the Nationalised
Bank.

¶50

5. It is brought to the notice of this Court that the
Nationalised Bank vacated the premises and other private tenants
are also in occupation and they are paying the rent. Further, it
is informed to this Court that these greedy men collected more
than Rs.16 lakhs per month by way of rent. However, now some of
the tenants are not paying the rent.

¶51

6. The learned counsel for the petitioner states that the
villagers have taken a decision to encroach upon the Government
lands and leased out the same to the Private Parties. The
petitioner has stated that all these facts are available in the
affidavit filed in support of this writ petition.

¶52

7. If this nature of illegalities are allowed to
continue, then these greedy men and the offenders will take the
law in their own hands by encroaching such Government properties
for their personal gains and therefore, the authorities are bound
to act immediately.

¶53

8. Unfortunately, in the present case, the Competent
Authorities have also miserably failed to initiate action
immediately. Contrarily, it is contended that Peace Meetings were
conducted with the persons. However, Peace Meetings cannot be
conducted in respect of encroachments and illegal utilisation of
Government lands by persons in an unjust manner and for personal
gains. Thus, the Authorities have also committed serious lapses,
negligence and dereliction of duty in the the matter of dealing
with such encroachments made in respect of Government lands in
favour of the Private Parties and earned huge sum for several
years. Such lawless situation can never be allowed nor be
condoned.

¶54

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

¶55

9. In view of the seriousness involved in the issue, this
Court directed Ms.V.Alin Suneja, District Revenue Officer, Salem
to be present along with the files in connection with the present
writ petition. Accordingly, today i.e., on 06.10.2021, the
abovesaid District Revenue Officer, Salem District is present
before this Court and submitted the files.

¶56

10. It is contended that the show cause notices for
eviction in respect of the lands belonging to the Highways
Department were issued in the year 2016 itself and in respect of
the remaining Government lands, notices are yet to be issued and
the District Revenue Officer made a submission that she will take
immediate action, so as to ensure that the encroachers are
evicted and the use and damage and financial loss caused to the
State Exchequer will be recovered by following the procedures.

¶57

11. The learned Government Advocate appearing on behalf
of respondents 1 to 6, 16 to 18 and 21 contended that some more
Government lands are also in encroachments in the adjacent area
and those encroachments are also will be identified and all
appropriate and necessary actions will be taken to remove the
encroachments and utilise the Government lands for public
purposes.

¶58

12. This being the factum and considering the inaction so
far on the part of the official respondents viz., Respondents 1
to 6, 16 to 18 and 21, this Court is inclined to pass the
following orders:-

¶59

(1) Respondents 1 to 6, 16 to 18 and 21 are directed to
evict all the encroachers and take possession of the Government
lands and Highways lands. After evicting the encroachments,
assessments are to be made in respect of the use and damage and
the financial losses caused to the State Exchequer based on the
unlawful and unjust encroachments made by encroachers and all
further proceedings are to be initiated by following the
procedures for recovery of all losses caused to the State
Exchequer.

¶60

(2) In view of the fact that the second respondent-
District Revenue Officer, Salem has informed this Court that
immediate actions will be taken to restore the Government lands
and Highways lands, no further consideration is required.

¶61

(3) The respondents 1 to 6, 16 to 18 and 21 shall

¶62

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

¶63

complete the abovesaid exercise, within a period of six months
from the date of receipt of a copy of this order.

¶64

13. With the above directions, the writ petition stands
disposed of. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.

¶65

 Sd/-

¶66

 Assistant Registrar(CS-VIII)

¶67

//True Copy//

¶68

 Sub Assistant Registrar

¶69

Svn

¶70

To

¶71

1.The District Collector, Office of the District Collector, Salem District – 636 001.

¶72

2.The District Revenue Officer, Office of District Collector, Salem District – 636 001.

¶73

3.The Revenue Divisional Officer, Office of Revenue Division, Office of District Collector Campus, Salem District – 636 001.

¶74

4.The Thasildar, Vazhapady Town and Taluk, Salem District.

¶75

5.The District Divisional Engineer, Highways Department, Opp: National Hotel, Salem District – 636 004.

¶76

6.The Assistant Divisional Engineer, Highways Department, Vazhapady Travellers Bungalow, Vazhapady Town and Taluk, Salem District.

¶77

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

¶78

7.The Town Surveyor, Vellalagundam Village, Vazhapadi Taluk, Salem District – 636 111. 8.The Village Administrative Officer, Vellalagundam Village, Vazhapadi Taluk, Salem District – 636 111. 9.The Assistant Engineer, (Construction and Maintenance), Highways Vazhapady Taluk, Salem District – 636 111. 10.The Branch Manager, Indian Overseas Bank, Vellalagundam Post, Vazhapady Taluk, Salem District – 636 111. 11.The Executive Engineer, Tamil Nadu Electricity Department, Vellalagundam Post, Vazhapady Taluk, Salem District – 636 111. 12.The Block Development Officer, Ayodhyapattinam, Vazhapady Taluk, Salem District. +1cc to Mr.M.Vivekanandan, Advocate, S.R.No.52666 +1cc to Mr.M.Abul Kalam, Advocate, S.R.No.52907 +1cc to the Government Pleader, S.R.No.52807

¶79

WP 10205 of 2016

¶80

KJ(CO)
SB(27/10/2021)

¶81

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

Mr.S.Raja, v. The District Collector

Case brief

What is this about?

What did the court decide?

Mr.S.Raja, 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

Case details

Similar cases

K.Govindhan Vs the District Collector

Gunasekaran Vs The Revisional Authority Under

E.Bhuvana Vs The Chief Manager

S.Kandasamy Vs the Chairman Cum Managing Director

R.Loganathan Vs The Chairman, Tamil Nadu

C.Venkatraman, Vs The District Collector