Sornalakshmi Spinning Mills (P) Ltd. , Rep. By its Managing Director v. Kandasamy VS President cum Executive Officer Gurukkapuram Village Panchayat
2012-06-28
K.CHANDRU
body2012
DigiLaw.ai
Judgment :- 1. Heard both sides. 2. The petitioner is a Private Spinning Mills. In this writ petition, they sought to quash the order dated 13.01.2008 issued by the first respondent, namely the President cum Executive Officer, Gurukkapuram Village Panchayat and also sought for a direction to the respondents not to interfere with their peaceful possession and enjoyment of the land measuring about 25 cents in S.F.No.23/1 at Ellapalayam Village, Gurukkapuram Post, Rasipuram Taluk, Namakkal District. 3. The writ petition was admitted on 18.03.2008. Pending the writ petition, an interim stay was granted. Subsequently, the interim stay was made absolute on 01.10.2010. 4. On notice from this Court, the first respondent has filed a counter affidavit dated 14.06.2008. 5. The contention of the petitioner was that the respondent Panchayat has no right or power to interfere with their possession and they also placed reliance upon the judgment of a Division Bench of this Court in THE EXECUTIVE OFFICER VS. SWAMINATHAN [ 2004 (3) CTC 270 ] for the proposition that in respect of Grama Natham lands, the provisions of the Madras Land Encroachment Act cannot be revoked. 6. On the other hand, in the counter affidavit it was stated that the land in question to the extent of 25 cents in S.No.23/1, Gurukkapuram Village has been classified as "Manthaiveli Government Poramboke" and entered in the Village "A" register and it is in the possession of the Panchayat till date and it has never been in the hands of one Nalliappa Gounder as alleged by the petitioner. The Panchayat also has not granted any approval for the plan and approval was granted only in respect of the buildings in S.No.22/1 and 22/2 of Gurukkapuram Village and no revenue income was collected from the petitioner in respect of the land. It was further stated that the petitioner has encroached the land and put up a fence along with compound wall, whereas the Panchayat was intending to construct a Community Hall, as per the Government Orders. On coming to know about the encroachment, notice was issued on 13.01.2008 to the petitioner as per the rule of law. It was also stated that since the land encroached by the petitioner is not a Village Natham and it is a Manthaiveli Government Poramboke, the Panchayat has got every right to evict the petitioner. 7.
On coming to know about the encroachment, notice was issued on 13.01.2008 to the petitioner as per the rule of law. It was also stated that since the land encroached by the petitioner is not a Village Natham and it is a Manthaiveli Government Poramboke, the Panchayat has got every right to evict the petitioner. 7. Though the petitioner contended that the Panchayat has no right or power to order eviction, the same is not in consonance with the provisions of the Tamil Nadu Panchayats Act, 1994. Under Section 134 of the Tamil Nadu Panchayats Act, 1994, the poramboke lands, including grazing grounds, threshing floors, burning and burial grounds, cattle-stands, cart-stands and topes shall vest in the Village Panchayat and the Village Panchayat shall have power, subject to such restrictions and control over the poramboke lands and they can regulate usage of such poramboke lands. Therefore, this Court is not inclined to accept the contention made by the petitioner. Further, if the petitioner claims that they are the absolute owner of the land in question, nothing prevented them from moving the appropriate Civil Court. 8. In the light of the above, this Court is not inclined to entertain the writ petition and hence, the writ petition stands dismissed. No costs.