BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24/07/2006 CORAM: THE HONOURABLE MR.JUSTICE P.SATHASIVAM AND THE HONOURABLE MR.JUSTICE S.TAMILVANAN Writ Petition No.1888 of 2006 W.P.M.P.No.2094 of 2006 Ramaraj ... Petitioner Versus 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Sivagangai. 3.The Tahsildar, Ilayangudi, Sivagangai District. 4.C.Nattu Chami Tevar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to remove the encroachments made in Survey No.52/6, 53/5, 54/4 and 55/1 situate in Sirukulam Village, Melathuraiyur Group, Madhavan Nagar, Ilayangudi Taluk, Sivagangai District. !For Petitioner ... Mr.S.Ramu ^For RR1 to 3 ... Mr.R.Janakiramulu, Special Government Pleader For 4th Respondent ... Mr.S.Veeranasamy :ORDER
(Order of the Court was delivered by P.SATHASIVAM,J)
By consent of both the counsel, the main writ petition itself is
taken up for final disposal.
2. The petitioner, by name Ramaraj, has filed this writ petition
seeking to issue a Writ of Mandamus, directing the respondents to remove the
encroachments made in Survey No.52/6, 53/5, 54/4 and 55/1 situate in Sirukulam
Village, Melathuraiyur Group, Madhavan Nagar, Ilayangudi Taluk, Sivagangai
District.
3. After hearing both the parties, the Division Bench of this Court,
as early as on 07.03.2006, has directed the first respondent/District Collector,
Sivaganga District, to inspect the disputed property in Survey Nos.52/6, 53/5,
54/4 and 55/1 situate in Sirukulam Village, Melathuraiyur Group, Madhavan Nagar,
Ilayangudi Taluk, Sivagangai District, and file a report about the action taken
after the disposal of W.P.No.17549 of 1994 and also directed him to file further
details as to how many persons are in possession of the encroached portion in
the above said Survey numbers. The Division Bench has also directed the first
respondent to keep the Oorani intact without anybody causing breach to the
bunds, as it is the apprehension of the petitioner that the fourth respondent
would cause breach to the bunds of the Oorani.
4. Pursuant to the said directions, the learned Special Government
Pleader has produced a letter dated 21.07.2006 from the District Collector,
Sivaganga. Though this Court has directed the District Collector to submit a
report to this Court, unfortunately the District Collector after collecting
information from the Assistant Director, Survey and Land Records, Sivaganga, as
well as the Tahsildhar, Ilayangudi, forwarded certain details to the learned
Special Government Pleader. The fact remains that he has not submitted the
report to this Court, as directed by this Court on 07.03.2006. Since the said
letter dated 21.07.2006, addressed to the Special Government Pleader contained
relevant materials, we are not inclined to probe further and show our
displeasure.
5. The letter addressed to the learned Special Government Pleader
shows that pursuant to the directions of this Court, the first respondent has
directed the Assistant Director, Survey and Land Records, Sivaganga, to inspect
the Survey Nos.52/6, 53/5, 54/4 and 55/1 about the encroachments in Sirukulam
Village, Melathuraiyur Group, Madhavan Nagar, Ilayangudi Taluk, Sivagangai
District and the Assistant Director has submitted a report, after field
inspection. The report of the Assistant Director sent to the District Collector
shows that survey No.52/6, is classified as ‘Ryoti Dry Patta Land’. Hence the
question of encroachment does not arise. The Second S.No.53/5 is classified as
‘Kanmoi’ in Government Accounts and it is encroached by 15 Tiled houses in the
field. Similarly Survey Number 54/4 is also classified as ‘Kanmoi’ in Government
Accounts and it is encroached by 18 Tiled houses and 17 Thatched houses. But in
Survey Number 55/1, even though, it is classified as ‘Kanmoi’, but there is no
encroachment in this field. In paragraph-3 of the said letter, the District
Collector has instructed the Tahsildhar, Ilayangudi, to carry out eviction in
Survey Nos.53/5 and 54/4 with due process of law. He also assured that further
report will be sent to the High Court, after the eviction process is over.
6. In the light of the information and fact that the District
Collector has also appraised the Officers concerned for removal of the
encroachment at an early date, we are of the view that no further adjudication
is required except recording the above statement of the District Collector. He
is further directed to take appropriate action as informed in his letter dated
21.07.2006, and make evictions of encroachments in accordance with law and see
that the ‘Kanmoi’ is free from any encroachment. Consequently, no further
direction is required in the writ petition and the same is closed. No costs.
Consequently, the connected miscellaneous petition is also closed.
To
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
Sivagangai.
3.The Tahsildar,
Ilayangudi,
Sivagangai District.