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2015 DIGILAW 1221 (MAD)

A. Lakshmanan v. District Collector Kancheepuram

2015-03-02

M.VENUGOPAL, SATISH K.AGNIHOTRI

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Judgment :- Satish K. Agnihotri, J. 1. Mr. N. Sakthivel, learned Government Advocate, takes notice for respondents 1 to 4 in all the writ petitions. Thus, with the consent of the learned counsel for the petitioners and the learned Government Advocate, these writ petitions are taken up for final disposal, at the admission stage itself. 2.These writ petitions are filed, calling in question, the legality and validity of notices dated 06.01.2015 issued by the fourth respondent under Section 7 of the Tamil Nadu Act 3 of 1905 (for short “the Act”) and for a direction to the official respondents to take proper measurements on both sides of the road, i.e., Eastern side to Western side of Ramakrishna Nagar I Street, Melamaiyur Village Chengalpattu Taluk, Kancheepuram District, on the basis of Field Map Patta and the petitioners' registered sale deeds. 3. While questioning the legality and validity of the notices dated 06.01.2015, the petitioners have made an allegation that the private respondents, viz., M/s. Radhakrishnan, Rajan and Sasidharan are also encroachers and no action has been taken against them. Thus, no notice is required to be issued to the private respondents, at this stage. 4. By the impugned notices, the petitioners have been asked to show cause, before the District Collector, as to why they should not be evicted from the place in question and their belongings be recovered from the said place, after issuance of notice to them under Section 6 of the Act, inasmuch as they have been in occupation and enjoyment of the Government lands, sans permission. 5. Admittedly, the petitioners have submitted their objection letters to the impugned show cause notices before the official respondents and the same are pending consideration. While so, the instant writ petitions have been filed for the relief, as aforestated. 6. In a case where a representation is made stating that the alleged encroachers are in possession for a long period, it is incumbent on the authorities to verify the facts, in consultation with the Revenue authorities, on examining the revenue records and also, after making a proper survey of the said area. 7. The learned Government Advocate also fairly submits that only after passing orders under Section 6 of the Act, steps will be taken for removal of encroachment, if, on enquiry, it is found that there exists an encroachment, as claimed by the petitioners. 8. 7. The learned Government Advocate also fairly submits that only after passing orders under Section 6 of the Act, steps will be taken for removal of encroachment, if, on enquiry, it is found that there exists an encroachment, as claimed by the petitioners. 8. In view of the foregoing, we direct the authorities concerned to pass appropriate final orders under Section 6 of the Act within a period of six weeks from the date of receipt of a copy of this order. Needless to state that before such orders are passed, an opportunity of hearing shall be given to the alleged encroachers. It is made clear that no steps for removal of encroachment/eviction be taken till final orders are passed under Section 6 of the Act. It is further made clear that the authorities, while taking action for removal of the encroachment, should not adopt the policy of “pick and choose”. The authorities must take action against all the encroachers, after affording an opportunity of hearing, in accordance with law and on merits. 9. With the above direction and observation, these writ petitions stand disposed of. No costs. Connected Miscellaneous Petitions are closed.