IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. VENUGOPAL, S.RAMATHILAGAM, JJ.
P.Kaliamoorthy - Petitioner
Versus
The District Collector, Nagapattinam, Nagapattinam District and Ors - Respondent
W.P.No.21235 of 2018
Decided on : 20-08-2018
Encroachments - Land Dispute - Tamil Nadu Patta Pass Book Act, 1983 - Section 3, 4, 5, 6, 10, 11, 12, 13, 14 - The court directed the Tahsildar to look into the Petitioner's Representation dated 02.08.2017 with all seriousness and earnestness and to dispose of the same within a period of six weeks from the date of receipt of copy of this Court, after providing necessary opportunity of 'personal Hearing' to the petitioner and the Respondents 4 to 6, by adhering to the Principles of Natural Justice. The Tahsildar was instructed to pass a reasoned speaking Order in a fair, just, unbiased and in a dispassionate manner, based on the Representation of the Petitioner dated 02.08.2017, by applying his thinking mind. If the Tahsildar concludes that the encroachers/unauthorised occupants are to be removed from the subject land, then he is to take such action in accordance with the law.
Fact of the Case:
The Petitioner, a retired General Manager in Aviation Safety, filed a Writ Petition seeking the removal of encroachments and restoration of a public road. The Petitioner claimed to have purchased a piece of dry land and faced obstruction from unauthorized occupants preventing access to the road and cultivable lands.
Finding of the Court:
The court directed the Tahsildar to take necessary action in the matter of encroachments and restore the public road within a specified time frame. The court emphasized the importance of addressing encroachments in public places and highlighted the provisions of the Tamil Nadu Patta Pass Book Act, 1983.
Issues: The issues revolved around the obstruction caused by unauthorized occupants on public road and cultivable lands, and the failure of the authorities to address the Petitioner's representations.
Ratio Decidendi: The court emphasized that no individual has the right to utilize public property for private purposes without valid authorization. It highlighted the provisions of the Tamil Nadu Patta Pass Book Act, 1983, and directed the Tahsildar to address the encroachments and restore the public road.
Final Decision: The Writ Petition was disposed of with directions to the Tahsildar to address the Petitioner's representations and take necessary action to remove encroachments and restore the public road.
M. VENUGOPAL, J.
1. The Petitioner has filed the present Writ Petition praying for passing of an Order by this Court in directing the Respondents 1 to 3 to remove the 'Encroachments' and to restore the West Street of Tairunagar, Sirkali Taluk, Nagapattinam District and to evict the 'unauthorised occupants', by considering his Representation, dated 02.08.2017.
2. Heard the Learned Counsel for the Petitioner and the Learned Special Government Pleader for R1 to R3.
3. No counter is filed on behalf of R1 to R3.
4. To avoid an avoidable delay, notice to the R4 to R6 is dispensed with.
5. According to the Petitioner, he is a retired General Manager in Aviation Safety, Airports Authority of India, Chennai Airport, Chennai. He and his family members are agriculturists and they are doing agricultural operation in their land. He had purchased a piece of dry land in Survey Nos.328/1A, 328/1B, in West Street of Thirunagari Village at Sirkali Taluk, Nagapattinam District in the month of January 2016 from one Sathyanarayanan and Mr.Ramakrishnan, who are founder family of SMH High Schools and other Educational Institutions, grounds in Sirkali and presently, they are living at Chennai. The Petitioner entered a Sale Deed on 27.4.2016 with them and registered the said Document at Sirkali Sub-Registrar Office, Sirkali. Hence, he had become an owner of the said property. After purchasing the land, the Petitioner had surveyed his land and carried out the boundaries of his land. A road is coming from East to West and it takes a turn in front of East of his land and the road is proceeding towards South side. From the East side of his land in Survey No.381/1A, 2B South Street, Tairunagar, Sirkali Taluk, Nagapattinam District and road side were occupied by 'unauthorised persons' and they have also put up temporary sheds. As such, the 'Travellers' and the 'Road walkers' are not able to have an access on either side of the Road. Apart from that, the 'unauthorised occupants' are not permitting the general public and farmers to proceed to their cultivable lands. Hence, the Petitioner had lodged a complaint before the 3rd Respondent/Tahsildar, Sirkali Taluk, Sirkali, Nagapattinam District. Other Agriculturists have also given similar Representations like the Petitioner, for removing the encroachments and restoring the Government Road, so as to enable the Villagers to reach their lands. Since the Respondents had not taken any action, the Petitioner has preferred the present Writ Petition.
6. At this stage, the Learned Counsel for the Petitioner submits that the Petitioner, apart from his earlier Representation, dated 02.08.2017, addressed to the Third Respondent/Tahsildar, Sirkali, Nagapattinam District, had also submitted another Representation before the First Respondent/District Collector, Nagapattina, Nagapattinam District, on 08.01.2018, with a request to take appropriate action in evicting the encroachers on the Road side of West Street of Thirunagari, Sirkali, Nagapattinam District and to evict the 'unauthorised occupants'. The grievance of the Petitioner is that there is no response even from the First Respondent/District Collector, Nagapattinam, for his Representation.
7. In response, the Learned Special Government Pleader for the Respondents 1 to 3 informs this Court that the 3rd Respondent/Tahsildar, Sirkalai Taluk, Sirkalai, Nagapattinam District will take necessary action in the subject matter in issue within a time limit to be determined by this Court.
8. As a matter of fact, the Petitioner, in his Representation dated 02.08.2017 at paragraph No.2 had stated the following:
“The Surveyor of Sirkali was carried hout survey in the second week of July 2016 with the intimation to nearby land owner and identified the boundary of the above Survey Nos.381/1A and 381/1B and stones were placed for boundaries. After the survey it was found that, the to
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