Shanmugavalli v. District Collector, District Collectorate, Erode District
2018-02-23
S.MANIKUMAR, V.BHAVANI SUBBAROYAN
body2018
DigiLaw.ai
ORDER : S. Manikumar, J. 1. Mr.A.N.Thambidurai, learned Special Government Pleader takes notice on behalf of the respondents. 2. In all the writ petitions, the challenge is to the notices issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. As grounds of challenge and submissions are common, with the consent of the learned counsel appearing for the parties, writ petitions are taken up and disposed of by a common order. 3. Mr.Naveen Kumar Murthi, learned counsel for the petitioners submitted that the impugned notices have been issued, ignoring the fact that the petitioners are in possession of the lands in question, for the past two decades and that the respondents did not raise any demur. Contention has also been made that the petitioners have both animus and corpus possidendi and that they cannot be directed to be vacated, without payment of compensation. Submission has been made that they have invested huge sum, in the subject property. Added further, learned counsel for the petitioners submitted that ignoring the above fact that the petitioners have been assigned a portion of the land in the year 2000, instant notices under Section 7 of the Land Encroachment Act, 1905, have been issued. 4. Taking notice on behalf of the District Collector, Erode District, first respondent submitted that none of the petitioners have chosen to submit a reply, to the notices issued under Section 7 of the Land Encroachment Act, 1905 and therefore, the consequences should follow. According to him, there is no illegality or irregularity and hence, prayed for the dismissal of the writ petitions. 5. As similar land allotment orders have been issued to the petitioners and enclosed in the typed set of papers, to the writ petitions, we are of the view that suffice to incorporate one such land allotment order, dated 20/11/2000, issued to Shanmugavalli, writ petitioner in W.P.No.4108 of 2018, and the same is extracted hereunder:- “LANGUAGE” 6. Though the writ petitioners have contended that the impugned notices, under Section 7 of the Land Encroachment Act, 1905, have been issued, ignoring the land allotment orders issued to the petitioners, extracted supra, we are of the view that they cannot shirk their obligation, to submit a suitable reply, to the notices issued, under Section 7 of the said Act and approach this Court directly, under Article 226 of the Constitution of India, praying for a writ of certiorari.
7. Though Mr.A.N.Thambidurai, learned Special Government Pleader, sought for dismissal of the writ petitions, on the ground of non-submission of reply, as directed in the impugned notices, having regard to the fact that the petitioners have been allotted lands, subject to the conditions therefore, we are not inclined to accept the contention of the learned Special Government Pleader, for dismissal. Interest of Justice requires objections to be made, require consideration and appropriate orders. 8. Learned counsel for the petitioners submitted that so far, no orders have been passed. 9. Placing on record the above, writ petitioners herein are permitted to submit their reply, with supporting documents, to the Assistant Commissioner, Erode, City Municipal Corporation, Erode, the third respondent, who has issued the impugned notices. Petitioners are also at liberty, to raise the issue of competency of the third respondent, in issuing the impugned notices. On receipt of the reply, the Assistant Commissioner, Erode, City Municipal Corporation, Erode, is directed to pass orders, within two weeks, thereafter, on merits and in accordance with law. 10. With the above direction, these writ petitions are disposed of. No costs.