The central legal point established is the requirement for the petitioner to follow the procedures outlined in the Government Order for redressal of the grievance for eviction of encroachments.

R.SUDHAKAR,J.

The petitioner has come forward with this writ petition seeking for a direction to the respondents 1 to 3 to remove the encroachments made by the 4th respondent in Survey No. 500/7, Thottakudi Village, Nanguneri Taluk, Tirunelveli District, by considering the petitioner's representations dated 24.02.2014 and 30.05.2014 within a stipulated time as may be fixed by this Court.

2. In respect of the relief sought for by the petitioner, Mr.M.Alagathevan, learned Special Government Pleader, submitted that the petitioner has to approach the concerned Tahsildar, seeking redressal of grievance, as per G.O.Ms.No.540, Revenue LD6(2) Department, dated 04.12.2014.

3. On an earlier occasion, this Court while dealing with a similar issue relating to removal of encroachments on Government lands in W.P.No.26722 of 2013 and by order dated 08.10.2014 issued following direction to the Government:-

“The State Government must set forth a mechanism where aggrieved persons can complain and remedial action can be taken. Promptly, they are called upon do so. We have thus, requested the learned Government Pleader to enter appearance in this matter and obtain instructions from the State Government, in what manner such an authority be set up, due publicity given to the authorities where aggrieved persons would be first required to make their representations and a remedial action and reasoned response be communicated within a period of 30 days from such complaint being made. Once such a mechanism is set up, there would be no occasion to entertain a PIL, on the first instance in such matters as an administrative machinery would be available for remedying the position”.

4. Pursuant to the above said direction, the Government passed a Government Order in G.O.Ms.No.540, Revenue LD6(2) Department, dated 04.12.2014, wherein the Government accorded sanction for constitution of Redressal Committees for eviction of encroachment with the following procedures:-

(i) General Procedure: In general, as per Section 7 of Tamil Nadu Land Encroachment Act, 1905, before taking proceedings, the Collector or Tahsildar shall cause to serve on the person a notice calling upon him to show cause why he should not be evicted. Further as per notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, any person unauthorizedly occupying any land may be summarily evicted by the Collector, Tahsildar, Deputy Tahsildar (or any other officers authorized by the State Government in this regard) by serving such notices in the manner prescribed under Section 25 of Tamil Nadu Revenue Recovery Act, 1864.

(ii) Original Petition to be filed at Taluk level: The petitioners seeking grievances for eviction of encroachment on Government land may file original petition before the respective Tahsildars.

On receipt of such petition, the Tahsildar may cause inspection at least at the level of Deputy Tahsildar, to decide whether the Government land is being encroached or not. If convinced of the fact that the Government land is being encroached, he shall serve a "Show Cause Notice" to the encroacher under Section 7 of Tamil Nadu Land Encroachment Act, 1905. Subsequently, other procedure as laid down under the Tamil Nadu Land Encroachment Act should be followed within a stipulated time.

A detailed written reply should be sent to the petitioner giving details of the action, if any, taken as per Tamil Nadu Land Encroachment Act, 1905 and the entire process shall be completed within 60 days from the date of receipt of petition.

(iii) Appellate Committee at Divisional level: This Committee shall admit only the Appeal Petitions on eviction of encroachment either on the ground of failure on the part of Tahsildar to give reply within 60 days or if the petitioner is not satisfied with the reply given or action taken by the Tahsildar.

The Appellate Committee shall be constituted with the following officials:

1) Revenue Divisional Officer;

2) Deputy Superintendent of Police; and

3) Deputy I