Rev. Father. A. Joseph, the Parish Priest, Infant Jesus Church, Madurai v. District Collector, Madurai
2015-03-03
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment 1. This Writ Petition has been filed challenging the impugned order issued by the second respondent Tahsildar in Na.Ka.No.AA4/11356/2014/AA4 dated 07.01.2015 and his consequential communication in Na.Ka.No.11356/14/A4, dated 19.02.2015. 2. Mr.N.Manoharan, learned Special Government Pleader takes notice for the respondents. 3. By consent, the main writ petition itself is taken up for final disposal. 4. The only ground which has been raised by the petitioner is that they have been conducting the church activities for a quiet long time. They have also admitted that it is a government poramboke land and they have applied for patta and the patta proceedings is still pending before the District Collector, Madurai. In the meanwhile, the petitioner has been issued with eviction notice under Section 5 of the Land Encroachment Act, 1905 (hereinafter referred to as 'the Act'). Since patta proceedings were pending, the petitioner did not reply to the notice. 5. The learned Special Government Pleader appearing for the respondents produced the original file and submitted that notice under Section 7 of the Act itself has been served as affixure but not directly. Further, he would only contend that it is only a recent direction and that too without permission. Therefore, there is no need for any separate notice. 6. Heard both sides. 7. As the eviction was supposed to take place this morning at 11.00 a.m., the learned counsel for the petitioner mentioned that being a shrine if it is demolished at this point of time, law and order problem will arise as it involves sentimental issue. As per the direction of the Hon'ble Supreme Court that whether it is a temple or mosque or church, when it is in government land without permission, it cannot be allowed to be continued. At the same time, the authority should give necessary notice. In this case, though notice under Section 7 of the Act has been sent, according to the petitioner, it has not been served on them. From the original file it is found that notice under Section 7 of the Act has been affixed. Therefore, this Court is of the view that one more opportunity may be given to the petitioner.
In this case, though notice under Section 7 of the Act has been sent, according to the petitioner, it has not been served on them. From the original file it is found that notice under Section 7 of the Act has been affixed. Therefore, this Court is of the view that one more opportunity may be given to the petitioner. Accordingly, an opportunity is given to the petitioner to give their reply to the notice under Section 7 of the Act within a period of 15 days from the date of receipt of a copy of this order and thereafter, the authority will give a personal hearing and pass appropriate orders in accordance with law. Further, the authority concerned is also directed to pass orders in the pending patta proceedings after giving notice to the petitioner and to the parties concerned, if any. 8. This Writ Petition is disposed of, with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed. 9. Today, the learned Special Government Pleader has given a copy of the reference made in the impugned order dated 07.01.2015 viz., a copy of the complaint dated 23.12.2014 and a copy of the report of the Village Administrative Officer, dated 07.11.2014. The same is recorded.