BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023 CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD)No.12391 of 2023 M.Abitha ... Petitioner Vs.

1.The District Collector, Nagercoil, Kanyakumari District.

2.The District Revenue Officer, Nagercoil, Kanyakumari District.

3.The Revenue Divisional Officer, Agastheeswaram, Kanyakumari District.

4.The Tahsildar, Agastheeswaram, Kanyakumari District.

5.Bama

6.Nagarajan

7.Vel Nadar ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to demolish the unauthorized construction made on the public road in S.No.631/9 at Mugilan Colony situated in Agastheeswaram Post, Kanyakumari District based on the petitioner's representation dated 21.03.2023.

For Petitioner : Mr.N.Kamesh For R1 to R4 : Mr.M.Lingadurai, Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.

The relief sought for in the present Writ Petition is to direct the respondents 1 to 4 to demolish the unauthorized construction made on the public road in S.No.631/9 at Mugilan Colony situated in Agastheeswaram Post, Kanyakumari District based on the petitioner's representation dated 21.03.2023.

2.The petitioner's grievance is that her representation seeking removal of the encroachment made by the respondents 5 to 7 has not been considered so far.

Hence, she is constrained to move the present Writ Petition.

3.The issue regarding the removal of encroachment has been decided by this Court in W.P.(MD)No.24679 of 2023, dated 12.10.2023 and the relevant paragraphs are extracted hereunder:-

“4.The Government originally issued G.O.(Ms)No.540, Revenue [LD6(2)] Department, dated 04.12.2014 and formed committees to dispose of the grievances relating to the eviction of encroachment in Government lands. The said Government Order was issued pursuant to the order of the High Court of Madras in W.P.No.26722 of 2013 dated 08.10.2014. Subsequently, the Division Bench of Madras High Court at Madurai Bench in W.P. (MD)No.15917 of 2015, dated 02.09.2015 passed an order. Superseding earlier Government Order issued in G.O.(Ms)No.540, recently, the Government issued G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, 'LD.6(2)' Section, dated 08.02.2022. Monitoring Committees are constituted. The Divisional Monitoring Committee has been constituted appointing Revenue Divisional Officer concerned as Chairperson / Convenor along with members. The District Monitoring Committee has been constituted appointing District Collector concerned as Chairperson along with members. The State Steering Committee is constituted headed by the Chief Secretary to Government along with members from various departments including Police and Highways Department. The Committee will convene once in a month and the issues will be taken up for discussion along with all Secretaries Meeting. The Committees constituted by the Government are expected to act in a meaningful manner, so as to redress the grievance of the aggrieved persons sending representations to remove the encroachments from Highways, water bodies and Government Poramboke lands etc.

5.Writ petitions filed challenging the show cause notices are not entertainable, unless such show cause notices have been issued by an incompetent authority having no jurisdiction or tainted with the allegation of mala fides. Persons, receiving show cause notices regarding removal of encroachments, are at liberty to submit their objections / explanations along with the documents, if any, enabling the competent authority to decide the issues on merits and in accordance with law and proceed thereafter.

6.If any person is aggrieved by the final order passed under the relevant statute, he may prefer an appeal before Appellate Authority under the Act. The appeal remedy contemplated under the enactment, at no circumstances, be undermined. Such appe