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High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE R. BANUMATHI
M.S. Balasubramanian & Others
Versus
The District Collector & Others
W.P.Nos.25849 of 2006, 25851 of 2006 and 27452 to 27454 of 2006
Decided on: 07-01-2009
LAND ENCROACHMENT - WRIT OF MANDAMUS - TN LAND ENCROACHMENT ACT - TN PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT - WRIT PETITIONERS SEEK WRIT OF MANDAMUS FORBEARING RESPONDENTS FROM PROCEEDING AGAINST LANDS AND SHOPS IN THEIR POSSESSION AND ENJOYMENT - RESPONDENTS CLAIMED LANDS WERE ENCROACHED BY PETITIONERS AND WERE REQUIRED FOR ESTABLISHMENT OF ARTS COLLEGE - COURT HELD THAT PETITIONERS WERE NOT ENTITLED TO EQUITABLE AND DISCRETIONARY RELIEF UNDER ART.226 OF CONSTITUTION OF INDIA AND DISMISSED THE WRIT PETITIONS.
Fact of the Case:
Petitioners sought Writ of Mandamus forbearing the Respondents from in any manner proceeding against the lands and shops, which are in possession and enjoyment of the Petitioners comprised in T.S.No.4/2, Block No.9 (Old No.39) Mettur Town, Salem District. Petitioners claimed that they were in possession and enjoyment of the lands and had put up construction and were also doing agriculture and were paying the amount due and payable to the Government. They also claimed that the lands were classified as Natham lands and Gramanatham never vested with the State. They further claimed that no notice was served upon them u/s.6 of TN Encroachment Act and the alleged notices u/s.7 and orders passed u/s.6 of the Act were created for the sake of records. Respondents claimed that the lands were classified as Revenue Department and not as Natham poramboke and that after issuing notice u/s.7 and passing an order u/s.6 of TN Land Encroachment Act, encroachers were evicted by the Highways and revenue department with the aid of Police on 18.08.2006. They further claimed that Petitioners being encroachers were duly served with the notice and eviction process went on smoothly and in accordance with law and encroachers co-operated in the eviction process and taken their articles.
Finding of the Court:
The court found that the lands in question were classified as Revenue Department and not as Natham poramboke as alleged by the Petitioners. The court also found that the provisions of TN Land Encroachment Act were followed and that the Petitioners were not entitled to the equitable and discretionary relief under Art.226 of Constitution of India.
Issues: 1. Whether the lands in question have been leased out as claimed by the Petitioners in W.P.Nos.25849 & 25851/2006? 2. Whether the lands in question are classified as Natham poramboke as alleged by the Writ Petitioners? 3. Whether the provisions of TN Land Encroachment Act have not been followed as alleged by the Petitioners? 4. Whether eviction is vitiated by violation of principles of natural justice?
Ratio Decidendi: The court held that the Petitioners were not entitled to the equitable and discretionary relief under Art.226 of Constitution of India because: 1. The lands in question were classified as Revenue Department and not as Natham poramboke as alleged by the Petitioners. 2. The provisions of TN Land Encroachment Act were followed and the Petitioners were duly served with the notice and eviction process went on smoothly and in accordance with law. 3. The Petitioners were not entitled to the equitable and discretionary relief under Art.226 of Constitution of India.
Final Decision: The court dismissed all the Writ Petitions.
Common Order: Petitioners seek Writ of Mandamus forbearing the Respondents from in any manner proceeding against the lands and shops, which are in possession and enjoyment of the Petitioners comprised in T.S.No.4/2, Block No.9 (Old No.39) Mettur Town, Salem District.
2. Petitioners in W.P.Nos. 25849 & 25851/2006 have filed M.P.No.1/2008 to direct the Respondents to restore back the lands from which Petitioners were said to be forcibly evicted on 18.08.2006.
3. Background facts which led to the filing of Writ Petitions are as follows:-
.(i) Lands situated in T.S.Nos.4/2 and 4/4, New Ward B, Block No.9, comprises of an extent of 18.61 acres have been classified as "Revenue Department" in town survey and land records. As per the revenue records, the said lands have been allegedly encroached by 99 persons. For the welfare of people of Mettur, the Chief Minister of Tamil Nadu had announced in the Tamil Nadu Legislative Assembly that a Government Arts College would be formed in Mettur in the academic year 2006-2007. T.S.Nos.4/2 and 4/4 was identified as suitable place for construction of Government Arts College, but there were encroachments by the Petitioners. At that stage, Petitioners have filed Writ Petitions.
.(ii) Briefly stated case of the Petitioners is that they are in possession and enjoyment of the lands in T.S.No.4/2. (Petitioner in W.P.No.25849/2006 an extent of 4.84 acres; Petitioner in W.P.No.25851/2006 an extent of 3.80 acres; Petitioner in W.P.No.27452/2006 an extent of 11 cents; Petitioner in W.P.No.27453/2006 an extent of 7½ cents and Petitioner in W.P.No.27454/2006 an extent of 7½ cents.
(iii) Case of the Petitioners in W.P.Nos.25849 & 25851/2006 is that originally the lands belonging to their families were acquired by the Government for construction of Cauvery-Mettur Project, which is now known as Stanley Reservoir. After the construction of the Dam, surplus lands were leased out by the Government to the original owners, which was published by the Revenue Authorities at Mettur in the year 1931. Accordingly, the Petitioners ancestors have become the lessees and are in possession and enjoyment of the property.
.(iv) According to the Petitioners, lands are classified as Natham Poramboke in the revenue records and in respect of these lands, B-Memo has been issued by the Government. Apprehending that the Respondents are likely to evict them without following the due process of law, Petitioners have issued a telegram to the 1st Respondent on 08.07.2006, stating all the above said facts and however, since the Respondents without following the procedure laid down either by the Tamil Nadu Land Encroachment Act or the Tamil Nadu Public Premises (Eviction of unauthorized Occupants) Act, are likely to evict the Petitioners, they have filed these Writ Petitions. Grievance of the Petitioners is that no notice was served upon the Petitioners before evicting them.
.(v) Case of the Petitioners in W.P.Nos.27452 to 27454/2006 is that the land in question is classified as Natham land or otherwise called as Grama Natham in the land revenue records and they are in occupation of their respective lands for more than 15 or 20 years. According to these Petitioners, since they have been in possession and enjoyment of the property for a long time and Revenue Authorities cannot direct them to vacate the premises without issuing any notice and without conducting any enquiry.
.(vi) Case of the Petitioners is that as set out in G.O.Ms.No.1380 Govt. of Tamil Nadu PWD dated 06.08.1980, entire land which was not used by PWD has been classified as Natham Poramboke and if it is Natham Poramboke it would vest in the Municipality and not with the Government. According to the Petitioners, assuming that the lands are required for establishing Arts College, Respondents should follow the procedure laid down under TN Land Encroachment Act and to evict the Petitioners in the manner known to law. Grievance of the Petitioners is that no not
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