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2013 DIGILAW 1310 (MAD)

C. Kumar v. President Town Panchayat Iyyappanthangal

2013-03-12

P.R.SHIVAKUMAR

body2013
Judgment :- 1. The petitioners in all the three writ petitions, totally 151 persons, have chosen to file these writ petitions for the issue of a writ of mandamus or any other writ or direction directing the third respondent, namely the District Collector, Kancheepuram to pay not less than Rs.3,00,000/- as compensation to each one of the petitioners besides providing suitable accommodation to the petitioners in Iyyappanthangal area itself. 2. All the petitioners were encroachers. It is not in dispute that the encroachments made by the petitioners and others on the water spread area of Porur lake were removed. Since the area over which the encroachment had been made and hutment were put by the petitioners happened to be a water body, they have not chosen to challenge the eviction. On the other hand, they have chosen to seek compensation for such eviction on the ground that they had been permitted to put up their hutments /constructions and were residing there for a considerable length of time paying property tax and other assessments. It is their further prayer that besides payment of compensation, they should also be provided suitable accommodation in the said area itself. 3. Though the writ petitions have been filed seeking compensation as well as alternate accommodation, in view of a similar order passed by this Court in a writ petition filed by a Society formed for the welfare of the persons evicted from the Porur Tank area, directing the concerned District Collector to consider and dispose of their representation for provision of alternate site within a time stipulated therein, the petitioners have submitted that the petitioners are not pressing their prayer for the relief of compensation. Even in respect of the provision of alternate site, learned counsel for the petitioners would submit that the petitioners would be satisfied if a similar direction is issued against the third respondent. In the earlier writ petition, namely W.P.No.23551 of 2011, similarly situated persons formed a society and filed the writ petition in which this Court passed an order which reads as follows: "2.It is the contention of the petitioner society that the members resided over 30 years by putting up huts in Porur lake area and they were evicted forcibly and some of the persons resided in the said place were already given alternative site. Hence, the petitioner association submitted a representation seeking alternative site allotment before the second respondent/District Collector." 4. The members who are claiming allotment have to establish the facts that they were residing in the said area for several years with documentary proof. Hence, liberty is given to the members of the petitioner association individually to submit representation with documentary proof if any before the second respondent and if any such representation is submitted by any individual member/members, the second respondent is directed to consider the same and pass orders on merits on receipt of the representation within a period of three months from the date of receipt of a copy of the representation. No costs." 5. In this case learned Additional Government Pleader submits that in the former writ petition, which was disposed of by this Court, representations in writing had been made and this Court was approached for a direction to dispose of the representation, whereas in the case on hand no such representation was submitted earlier. It is also pointed out by the learned Additional Government Pleader that even in the earlier writ petition, opportunity had been given to those affected persons, who had not then submitted their representations, to submit representations and the concerned authority, namely District Collector, Tiruvallur was directed to consider and pass orders on such representation within the time fixed by the Court. 6. This Court deems it appropriate to confer the same benefit on the petitioners also and dispose of the writ petitions giving liberty to the petitioners to submit their representations within eight weeks from today and directing the third respondent to consider and pass orders on such representations within three months thereafter. 7. Accordingly, all the three writ petitions are disposed of with the following direction: (i) Each one of the petitioners shall submit a representation in writing to the third respondent within eight weeks from today. Along with such representation, he/she should produce the necessary documents to establish the fact that he/she was residing in the said area for a number of years. (ii) On receipt of such representations, the third respondent shall consider the same on merit and pass orders after giving reasonable opportunity of being heard to each one of the persons submitting the representations. (ii) On receipt of such representations, the third respondent shall consider the same on merit and pass orders after giving reasonable opportunity of being heard to each one of the persons submitting the representations. The third respondent shall complete the exercise of considering and passing of order in the representations within three months after the expiry of two months, within which time the petitioners have to submit their representations. No costs. Consequently, the connected miscellaneous petitions are closed.