Research › Search › Judgment

Madras High Court · body

2022 DIGILAW 1643 (MAD)

V. Fahath Basha v. District Collector, Perambalur

2022-06-22

MUNISHWAR NATH BHANDARI, N.MALA

body2022
JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to take necessary steps to remove the encroachment comprising in Survey Number 119/3 with the total extent area of 1.0 acre and restore the purambokku land to V.Kalathur Village Panchayat situated in V.Kalathur Village Veppanthattai Taluk Perambalur District PIn- 621 117 as per the reply communication note by the 2nd respondent in Na.Ka.No. 1395/2019/ A6 dated on 27.08.2021 pursuant of petitioner representation dated on 10.08.2021 and expeditiously pass an appropriate such further order or other orders as this Honble Court may deems fit and proper on the circumstances of the case.) Munishwar Nath Bhandari, CJ. 1. The public interest litigation has been filed alleging encroachment of the Government Poramboke land at S.No.119/3 to the extent of 1.0 acre situated at V.Kalathur Village, Veppanthattai Taluk, Perambalur District. The allegation has been made against the HR&CE Department for encroachment. The substantial argument is that the land in question is a Government Poramboke land and a reference to the records has been given, where the land in question has been shown to be 'Nandhavanam'. 2. Learned State Government Pleader and the learned counsel for the HR&CE Department have contested the writ petition alleging it to be motivated for extraneous consideration. The land in question has been classified as 'Nandhavanam' and it was kept under the temple controlled by the HR & CE Department of the State of Tamil Nadu. Thus, the 5th respondent or the temple has not encroached the Government land, rather taking into consideration the nature of the land, it was given to them and it was accordingly occupied. The possession on the land is very old and thereby the petitioner should have justified the delay for filing this petition. Otherwise, the petition even suffers from laches. 3. We have considered the rival submissions made by the learned counsel for both sides and perused the records. 4. The allegation of encroachment on the Government Poramboke land has been made by the petitioner on S.No.119/3 to the extent of 1.0 acre of the land. To analyze as to whether there is any encroachment, we have perused the records, where the land is shown to be 'Nandhavanam' and accordingly it is kept under the temple controlled by the HR&CE Department. 5. To analyze as to whether there is any encroachment, we have perused the records, where the land is shown to be 'Nandhavanam' and accordingly it is kept under the temple controlled by the HR&CE Department. 5. In view of the above, the land is in possession of the HR & CE Department for the past many years ie., more than decades. The petitioner has filed the public interest litigation even without justifying the delay because, according to the learned counsel for the petitioner the land was possessed by the temple under the control of the HR&CE Department almost 10 to 12 years back. 6. Therefore, the present public interest litigation cannot be said to be bonafide as otherwise alleged by the respondents. Public interest litigation filed unnecessarily needs to be strictly dealt with so that it may not be filed without verification of true facts. 7. For the above reasons, finding it to be a not bonafide public interest litigation, the writ petition is dismissed with a cost of Rs.10,000/- (Rupees Ten Thousand Only) to be deposited with the Tamil Nadu State Legal Services Authority, High Court, Chennai 600 104 within a period of one month from the date of receipt of a copy of this order. The compliance would be seen by the Registrar (Judicial) and if the payment of costs is not made within the time stipulated above, the case would be listed before this Court to see the compliance or take appropriate action for non-compliance.