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HIGH COURT OF MADRAS
Hon`ble Mr.Justice D.KRISHNAKUMAR
V.CHINNAIAH – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
Eviction - Writ Petition - NA.KA.B4/715/18 - The court set aside the eviction order due to non-compliance with prior court directives regarding survey procedures for encroachments.
Fact of the Case:
The petitioner challenged an eviction order for alleged public road encroachment. Previous court orders mandated a survey prior to eviction, but no evidence of a survey was presented.
Issues: Whether the eviction order issued without conducting the mandated survey was lawful.
Ratio Decidendi: An eviction order contrary to prior judicial directives lacks validity and enforcement until compliance with those directives is demonstrated.
Final Decision: The writ petition was allowed, and the eviction order was set aside.
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.)
The petitioner has filed this writ petition challenging the impugned eviction order of the third respondent in his proceedings in NA.KA.B4/715/18, dated 14.05.2018.
2. The writ petition is of the year 2018. But, no counter affidavit has been filed by the respondents till date. Therefore, we are constrained to take up the writ petition for final disposal and pass orders, based on the available materials.
3. Earlier one Mr.G.Gandhi, filed a writ petition before this Court in W.P(MD)No.19908 of 2013, seeking for a direction to remove the encroachment made by the petitioner herein in a public road, wherein this Court has directed the third respondent Block Development Officer to survey the entire area after notice to the petitioner therein and the petitioner herein with the assistance of the survey team and based on the survey, directed to proceed in accordance with law. Pursuant to the said order, the impugned eviction notice, dated 26.09.2018, has been issued by the third respondent for removal of encroachment alleged to have been made by the petitioner in the public road. But, no material has been produced before this Court to show that survey has been conducted before proceeding with the removal of encroachment.
4. In view of the same, we have no hesitation to come to the conclusion that the aforesaid order passed by the third respondent is contrary to the order passed by this Court in W.P(MD)No.19908 of 2013, dated 14.03.2018. Since the said order of this Court has not been complied with, we are inclined to set aside the impugned order passed by the third respondent, dated
14.05.2018.
5. In the result, the writ petition is allowed and the impugned order of the third respondent, dated 14.05.2018, is set aside. The third respondent is directed to take necessary action for removal of encroachment after strictly complying with the directions of this Court in Paragraph No.4 of the order dated 14.03.2018 made in W.P(MD)No.19908 of 2013. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No Costs. Consequently, connected miscellaneous petition is closed.
[D.K.K.,J.] [R.V.,J.]
27.02.2024 NCC : Yes / No Index : Yes / No PM To
1. The District Collector, Sivagangai, Sivagangai District.
2. The Thasildar Sivagangai Taluk, Sivagangai District.
3. The Block Development Officer Sivagangai Panchayat Union, Sivagangai District.
D. KRISHNAKUMAR ,J .
and R.VIJAYAKUMAR,J.
PM ORDER MADE IN W.P(MD)No.11621 OF 2018 DATED : 27.02.2024
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