M. Krishnan v. District Collector, Tiruvallur District, Tiruvallur
2018-08-21
M.VENUGOPAL, S.RAMATHILAGAM
body2018
DigiLaw.ai
ORDER : M. VENUGOPAL, J. Heard the Learned Counsel for the Petitioners and the Learned Counsel for the Respondents. No counter is filed on behalf of the Respondents. 2. At the outset, this Court pertinently points out that earlier in W.P.No.7693 of 2018, filed by the present Petitioners, the Government of Tamilnadu rep. By Principal Secretary to Government, Revenue Department, Secretariat, Chennai was arrayed as 1st Respondent. Significantly, in the present Petition filed by the Petitioners, the Government of Tamilnadu rep. By Principal Secretary to Government, Revenue Department, Secretariat, Chennai is not shown as a party. Inasmuch as Government of Tamilnadu, is a necessary and proper party to the present Writ Petition, this Court suomotu impleads the Government of Tamilnadu rep. By Principal Secretary to Government, Revenue Department, Secretariat, Chennai as 6th Respondent. 3. The Petitioners have preferred the instant Writ Petition praying for passing of an order by this Court in forbearing the Respondents and their subordinates, men, agents or any other officials tracing power under them from any way or in any manner interrupting or interfering with the Petitioners' peaceful possession and enjoyment over the properties, having total extent of 512 sq.mts comprised in S.No.246/2, having extent of 242 Sq.mts, S.No.246/3, having extent of 240 Sq.mts and S.No.246/4 having extent of 30 Sq.mts in Kattupakkam Village, Poonamallee Taluk and Municipality limit, Tiruvallur District without properly surveying the properties as per the order dated 24.02.2017 made in W.P.No.4841 of 2017. 4. Earlier, the Petitioners had filed W.P.No.4841 of 2017 before this Court against the District Collector, Thiruvallur District and two others seeking to call for the records relating to the impugned order dated 14.02.2017 passed by the Commissioner, Poonamallee Municipality and to quash the same. Further, they had prayed for passing of a consequential order from initiating proceedings for eviction against them, their gramanatham properties comprised in Survey Nos. 246/2, 246/3 and 246/4 in Kattupakkam Village, Poonamallee Taluk, Thiruvallur District. In the said Writ Petition, this Court on 24.02.2017 at Paragraph No.3 had observed the following and disposed of the Writ Petition : “3. After hearing the learned counsel for the parties, we direct the respondent/ authorities to re-survey the property in question and thereafter proceed in accordance with law, after issuing a fresh notice, in case any encroachments are found. Till such exercise is done, the respondent / authorities shall not take any coercive steps against the petitioner”.
After hearing the learned counsel for the parties, we direct the respondent/ authorities to re-survey the property in question and thereafter proceed in accordance with law, after issuing a fresh notice, in case any encroachments are found. Till such exercise is done, the respondent / authorities shall not take any coercive steps against the petitioner”. 5. It comes to be known that one Govindammal and Seven Others had filed W.P.No.22579 of 2017 and WMP Nos.23701 and 23702 of 2017 before this Court against the Government of Tamilnadu rep. By its Secretary, Land Administration, Fort St. George, Chennai - 9 and three others and this Court on 23.08.2017 had disposed of the Writ Petition by granting liberty to the Petitioners therein to prefer Revision Petitions under Section 10-A of the Tamilnadu Land Encroachment Act, 1905 before the Commissioner, Land Administration, Chennai along with Petitions for Stay under Section 10-B of the said Act, within a period of four weeks from the date of receipt of a copy of this order. Furthermore, this Court had directed the Commissioner of Land Administration to entertain the Revision Petition, if the papers are otherwise in order and also gave the option to the said official either to take up the Petition of Stay or to give a disposal on merits in accordance with law within a period of further twelve weeks and communicate the decision taken to the Petitioners. Till such time, the Respondents 2 to 4 therein were directed to defer further decision of the removal of encroachments on the part of the Petitioners. 6. It transpires that the present Petitioners in this Petition, viz., W.P.No.20905 of 2018 had filed W.P.No.29051 of 2017 before this Court against the District Collector, Tiruvallur and three others and this Court on 13.11.2017 had directed the 1st Respondent / District Collector, Tiruvallur to entertain the Appeal filed by the Petitioners along with the Petition for Stay, if the papers are otherwise in order etc., and directed to give disposal to the said Appeal in accordance with Law within a period of two weeks from the date of receipt of a copy of this order etc. 7.
7. At this juncture, the Learned Counsel for the Petitioners brings it to the notice of this Court that on 16.03.2018, the 1st Respondent / District Collector in the Proceedings in Ref.Na.Ka.No.29122/2017/No.1 had dismissed the Appeal and further opined that the 1st Petitioner and his two sons [2nd and 3rd Petitioners] in the present Writ Petition had encroached Survey No.246/1, which is a pond poramboke, which is an objectionable one, measuring an extent of 97 Sq.Mtr etc. 8. Being dis-satisfied with the dismissed Appeal preferred, the present Writ Petitioners have filed a Revision Petition under Section 10-A[1][b] of the Tamilnadu Land Encroachment Act, 1905 before the Principal Secretary to Government, Revenue Department, Chennai / 6th Respondent and the same is pending as on date. It is represented on behalf of the Petitioners that the said Revision is not yet taken on file by the concerned authority. 9. In this connection, Mr. Pothiraj, Learned Special Government Pleader for the Respondents informs this Court that the 6th Respondent may be directed to dispose of the pending Revision Petition [preferred by the Petitioners] within a period of four weeks from the date of receipt of a copy of this order. The request made on behalf of the Respondents for determining the time limit for early disposal of the pending Revision Petition appears to be a fair and reasonable one. 10. Considering the fact that the Petitioners' Revision Petition is pending on the file of the 6th Respondent / Government of Tamilnadu rep. By the Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 9, at this stage, this Court without expressing any opinion one way or the other on merits and demerits of the matter, deems it fit and proper in directing the 6th Respondent to immediately take up the pending Revision Petition on his file and to dispose of the same within a period of four weeks from the date of receipt of a copy of this Order. It is open to the 6th Respondent to provide an opportunity of hearing to the Petitioners if they so desires / advised. It is open to the Petitioners to file the necessary documents to substantiate their version of the case before the 6th Respondent and also they are permitted to raise all factual and legal pleas.
It is open to the 6th Respondent to provide an opportunity of hearing to the Petitioners if they so desires / advised. It is open to the Petitioners to file the necessary documents to substantiate their version of the case before the 6th Respondent and also they are permitted to raise all factual and legal pleas. It is needless for this Court to make a pertinent mention that the 6th Respondent shall pass a reasoned speaking order on merits assigning necessary qualitative and quantitative reasons, especially uninfluenced and untrammelled with any of the observations made by this Court in the present Writ Petition. The Orders to be passed by the 6th Respondent in the Revision Petition as well as in a Petition seeking Interim Stay in a fair, free, unbiased and in a dispassionate manner and the same shall be a speaking / reasoned one. With the aforesaid observations and directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.