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2004 DIGILAW 1447 (MAD)

The Commissioner & Others v. V. Veeriah & Others

2004-11-04

C.NAGAPPAN, P.SATHASIVAM

body2004
Judgment :- P. Sathasivam, J. Since both the appeals relate to the same subject, we dispose of the same by the following common judgment. 2. Writ Appeal No.235 of 1997 is by the Commissioner, Tiruchirappalli Municipality (now Corporation) against the order of the learned Single Judge of this Court dated 17.10.1995 made in W.P.No.4767 of 1985 wherein, while disposing of the said writ petition filed by the petitioners therein, the learned Judge, after recording the statement that the Municipality itself is going to take effective steps in removing the encroachers, directed the Municipality to evict the encroachers in question within 30 days from the date of receipt of the said order. 3. Writ Appeal No.240 of 1997 is by 16 persons, who are third parties claiming to be encroachers, after getting leave from this Court, filed the above appeal questioning the very same order of the learned Judge. 4. In view of the two orders passed on earlier occasions, which we are going to refer hereunder and of the information furnished by the Municipality regarding the steps taken by them for eviction of the encroachers from the place in question, it is unnecessary to refer to all the factual details hereunder. However, it is relevant to refer to the earliest order passed on 13.02.1986 made in WPMP.No.7658 of 1985 in W.P.No.4767 of 1985. The said order reads as follows: "The Special Officer, Municipal Council, Trichy, the second respondent herein, will conduct a personal inspection and find out whether there are encroachments, as stated by the petitioners. If so, he is directed to remove them on or before 15.03.1986." 5. Since no effective steps have been taken by the the then Municipality, while disposing of the said writ petition on 17.10.1995, the learned Judge of this Court, after recording the statement made by the Municipality has passed the following order: " In view of the above facts and circumstances, the learned advocate for the respondent agreed that they are going to remove the encroachers and as such this Court directed the respondents to remove the encroaches in question within 30 days from the date of receipt of this order. The writ petition is disposed of accordingly, with the above direction. ... " 6. The writ petition is disposed of accordingly, with the above direction. ... " 6. It is clear from the above orders that even in the year 1986 as well as 1995 though this Court has directed the then Municipality to evict the encroachers, the fact remains that till this date the encroachers have not been evicted. Though it is stated that some of the encroachers approached this Court by way of writ petition and obtained certain orders, it is not in dispute that in those orders this Court has directed the then Municipality to evict those persons by following the procedure. In this regard, it is useful to refer to the information furnished in the counter affidavit filed by the then Commissioner, Tiruchirappalli Corporation in Contempt Application No.386 of 1996. In paragraphs 15 and 16 of the counter affidavit, the then Commissioner has highlighted various steps taken then and there. A perusal of those particulars clearly shows that the encroachers were issued eviction notices on many occasions. Inasmuch as the particulars furnished in paragraph 16 refer all those details, it is unnecessary for us to refer to those details once again in the present order. On perusal of those details, we are satisfied that the encroachers were given adequate notices to put forth their defence as well as for eviction of their premises from the place in question. 7. It is also relevant to note that while hearing the above writ appeals, on 16.07.2004, this Court directed the Commissioner, Tiruchirappalli Corporation to file a detailed statement indicating the proposal to take action to evict the encroachers of the road, in compliance of the order dated 17.10.1995. The Commissioner was also directed to indicate in the statement whether there is any provision for alternative accommodation in the Slum Clearance Board or elsewhere. Pursuant to the said direction, the Commissioner, Tiruchirappalli Corporation has filed a report dated 30.07.2004. Though the Commissioner has not furnished all the details, however the report shows that notices were issued to the encroachers, but the same could not be pursued. The Corporation also addressed to the Slum Clearance Board to find out the possibility of allotting plots or built-up houses to those persons by letter dated 24.07.2004. The report shows that there are about 20 houses available at Duraisamypuram, Trichy Ward.25 which could be allotted to those persons on hire-purchase basis. The Corporation also addressed to the Slum Clearance Board to find out the possibility of allotting plots or built-up houses to those persons by letter dated 24.07.2004. The report shows that there are about 20 houses available at Duraisamypuram, Trichy Ward.25 which could be allotted to those persons on hire-purchase basis. The report further shows that the encroachers have refused to move to any other new site and the Corporation has to take assistance of Police, Revenue and other Departments to carry out the eviction process, for which they require three months' time. 8. In the light of what is stated above, particularly in view of the positive directions of this Court in 1985 by Justice Mohan in WPMP.No.7658 of 1985 in WP.No.4767 of 1985 and in 1995 by Justice Y.Venkatachalam in WP.No.4767 of 1985 and also of the fact that various notices have been issued to the encroachers time and again, considering the length of time consumed, we are of the view that no further indulgence need be shown to the encroachers. It is also relevant to refer the information furnished by the learned counsel for the Municipal Corporation that a Scheme has been framed for widening the road. In such an event, undoubtedly, these encroachers have to be removed. Taking note of all these aspects, we direct the Commissioner, Tiruchirappalli Municipal Corporation to inform all the encroachers in Allithurai Road inclusive of T.S.No.32 to 35 about the order of this Court by beat of tom-tom directing them to vacate the encroached portion within 30 days from the said date. In case of non-compliance of the direction by the encroachers within the time stipulated, the Commissioner, Corporation of Tiruchirappalli Municipality is directed to evict those persons by taking assistance of Police and Revenue Authorities. If any such request is made by the Commissioner, Tiruchirappalli Municipality, the Commissioner of Police, Trichirappalli and the District Collector, Trichirappalli are directed to render assistance for compliance of the above order. Both the writ appeals are disposed of on the above terms. No costs.