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2017 DIGILAW 4106 (MAD)

Avudai v. E. Parani, The Tahsildar, Pudukkottai

2017-12-04

M.VENUGOPAL, R.THARANI

body2017
JUDGMENT : M. Venugopal, J. 1. This Contempt Petition has been filed to punish the Respondent herein for committing grave contempt and gross disobedience of the order passed by this Court in W.P(MD)No.7725 of 2017, dated 25.4.2017. 2. Heard the Learned Counsel for the Petitioner and the Learned Government Advocate appearing for the Respondent/Contemnor. 3. Earlier, this Court, on 25.4.2017, in W.P(MD)No.7725 of 2017,(filed by the Writ Petitioner), at Paragraph 5 and 6, had observed the following: “5. Considering the contention put forth on the side of the Petitioner and also considering the fact that only on 31.3.2017, the Petitioner has given representation, this Court is inclined to pass the following order: 6. In fine, this Writ Petition is allowed in part without costs. The second respondent is directed to look into the representation dated 31.3.2017 and dispose of the same within a period of one month.” 4. On behalf of the Respondent/Contemnor, an affidavit is filed to the effect that the Petitioner had filed another Writ Petition in W.P(MD)No.13518 of 2017, whereby and where-under, this Court, on 21.8.2017, had directed the Second Respondent therein to take action on the said representation in accordance with Law, within a period of three months from the date of receipt of a copy of this order. Also, in the said Writ Petition, notice was ordered to be given to the alleged encroacher and also the Second Respondent therein was directed to follow the due process of Law. 5. According to the Respondent, in all, 19 persons had encroached the Government land as detailed hereunder: SL. No. Name of Encroacher S.F. No. Classification Extent encroahed Type of encroachment 1 Shikmaideen Son of Mohammed Ibrahim 77 Pathway 36 sq.mtr House 2 Tmt. Muthu mahteena W/o. Sahabude en 77 '' 36 sq.mtr Shop 3 Tmt. Jeenath Begam 77 '' 12 sq.mtr Shop 4 Sheik Maideen S/o. Mohamme d Hussain 136 '' 8 sq.mtr Shop 5 Shik Abdul Khader S/o. Mohamed Bava 136 '' 8 sq.mtr Shop 6 Tmt. Muthu mahteena W/o. Sahabude en 77 '' 36 sq.mtr Shop 3 Tmt. Jeenath Begam 77 '' 12 sq.mtr Shop 4 Sheik Maideen S/o. Mohamme d Hussain 136 '' 8 sq.mtr Shop 5 Shik Abdul Khader S/o. Mohamed Bava 136 '' 8 sq.mtr Shop 6 Tmt. Maryam Beevi W/o. Mohamed Mustaba 146 '' 5 sq.mtr House Portion 7 TmtRegina Begam W/o. Abdul Razak 146 '' 20 sq.mtr Shop 8 Mehabooba Begam W/o.Shahul Hameed 147 '' 10 sq.mtr House 9 Rabeek Mohamed S/o. Shakul Hameed 147 '' 17 sq.mtr Shop 10 Ayeesha Ammal W/o. Shik dawood 147 '' 44 sq.mtr House 11 Habeef Mohamed S/o. Abdul Mohamed 147 '' 44 sq.mtr House 12 Naina Mohamed S/o. Sheik Maideen 147 '' 33 sq.mtr Shop 13 Mehurunnisha begam W/o. Kalibullah 147 '' 8 sq.mtr Shop 14 Shakul Hameed S/o. Mohamed Meera 147 '' 44 Sq.mtr House 15 Abrose Banu Mohamed Farook 77 '' 12 sq.mtr Shop 16 Marjan Beevi W/o. Mohamed Sultan 77 '' 2 sq.mtr Shop 17 Jameela Beevi W/o. Shiek Maideen 77 '' 2 sq.mtr Shop 18 M. Khader Mohideen 146 '' 5 sq.mtr House 19 Najma begam W/o. Shakul Hameed 147 '' 10 sqmtr House 6. It comes to be known that notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was served to the encroachers on 6.6.2017 and 11.7.2017 and further, notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was issued to the encroachers on 14.10.2017. Further, out of the 19 encroachers, 12 had submitted appeal petitions before the District Collector, Pudukkottai District, as per Section 10 of the Tamil Nadu Land Encroachment Act, 1905, on 30.10.2017. 7. At this juncture, on behalf of the Respondent, it is brought to the notice of this Court that as per the ingredients of G.O.Ms.No. 540, Revenue, dated 4.12.2014 certain procedures are to be conducted before ordering eviction of encroachment and that the District Collector, Pudukkottai District, as an appellate authority will conduct an enquiry based on the appeal petitions preferred by the concerned parties and pass appropriate orders. The enquiry notice was issued on 10.11.2017 to appear for an enquiry on 20.11.2017 for accepting the enquiry, the Petitioner had filed a petition dated 17.11.2017 before the District Collector, Pudukkottai. 8. The enquiry notice was issued on 10.11.2017 to appear for an enquiry on 20.11.2017 for accepting the enquiry, the Petitioner had filed a petition dated 17.11.2017 before the District Collector, Pudukkottai. 8. Added further, it is projected on the side of the Respondent/Contemnor that the Respondents 3 and 4 in the main Writ Petition had not had not encroached any Government land. As a matter of fact, the Third Respondent(in the main Writ Petition) is living in a house constructed in S.No.80/3A measuring an extent of 0.07.0 hectares, Patta No.1068 stands in the name of his father in law Mohammed Gani. In fact, the said house is situated adjoining the cement road in S.F.No.80/4, however, he has not encroached the Government land. 9. In respect of Fourth Respondent, he is living in a house situated in S.No.80/5C1, measuring an extent of 0.13.0 hectares, Patta stands in the name of Najima Begam, Wife of Mohammed Shajahan. The said house is situated adjoining the cement road in S.F.No.80/4, however, he has not encroached any Government land. 10. It is further represented on behalf of the Respondent that 19 encroachers were served with relevant notices and out of 19 encroachers, only 11 have appeared before the District Collector of Pudukkottai. At this stage, it is brought to the notice of this Court by the Respondent that although the encroachers had removed their encroachment at their own costs, (in voluntary manner), one person had not appeared before the Learned Appellate Authority. Again, a notice was issued on behalf of the Appellate Authority to the concerned person, requiring him to appear on a particular day. 11. In view of the fact that a positive action was initiated on the side of the Respondent based on the representation of the Petitioner, dated 31.3.2017, at this stage, this Court closes the present Contempt Petition. However, it is open to the Petitioner to approach this Court for seeking necessary relief against the concerned person, soon after the disposal of the appeal preferred before the Appellate Authority, namely, the District Collector of Pudukkottai District, of course, in the manner known to Law and in accordance with Law.