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2024 DIGILAW 762 (MAD)

M. Settu v. State of Tamil Nadu, rep. by its District Collector, Dharmapuri

2024-03-14

N.ANAND VENKATESH

body2024
JUDGMENT : (Prayer: Petition under Section 482 of the Criminal Procedure Code praying to direct respondents 1 to 4 herein to invoke Section 133 of the Criminal Procedure Code and prevent the obstruction of 5th and 6th respondents and their men holding the pathway in survey No.35/1 measuring about 16.5 Ares and survey No.36/1 measuring about 27 Ares by laying pathway leading from Chettykuttai Tar Salai to Muniyankottai, Harur Taluk, Dharmapuri District to secure the ends of justice.) 1. This petition has been filed by the petitioner seeking to direct respondents 1 to 4 to remove the obstruction caused by respondents 5 and 6 in survey Nos.35/1 and 36/1, which have been categorized as Government poramboke vandi pathai. 2. When the matter came up for hearing on 11.9.2023, this Court directed the learned Government Advocate (Crl.Side), who took notice for respondents 1 to 4, to get instructions in this case. 3. Today, when the case is listed for hearing, the learned Government Advocate (Crl.Side) submits that now, steps have been taken to remove the obstruction/encroachment in survey Nos.35/1 and 36/1. 4. Notices have also been issued to the encroachers in this regard and a copy of the notice dated 14.7.2023 is placed before this Court. 5. The learned Government Advocate (Crl.Side) has also placed before this Court the communication of the fourth respondent to the second respondent wherein it has been stated that the removal of the obstruction/encroachment is being resisted and that there is a likelihood of law and order problem that would arise while attempting to remove the obstruction/encroachment. 6. The learned Government Advocate (Crl.Side) submits that after the said communication was issued, peace committee meeting was held thrice and that the parties were not able to resolve their differences. 7. In the considered view of this Court, survey Nos.35/1 and 36/1 have been categorized as Government poramboke vandi pathai. Therefore, if any encroachment is made, it has to be necessarily removed by issuing notice to the encroachers. There is no question of continuing with the obstruction/encroachment just because there is resistance. Every time the encroachments/obstructions are removed from a Government poramboke land, there is bound to be resistance and it has to be managed only by the police. 8. Therefore, if any encroachment is made, it has to be necessarily removed by issuing notice to the encroachers. There is no question of continuing with the obstruction/encroachment just because there is resistance. Every time the encroachments/obstructions are removed from a Government poramboke land, there is bound to be resistance and it has to be managed only by the police. 8. In view of the above discussions, there shall be a direction to respondents 2 and 3 to proceed further to remove the encroachments made in survey Nos.35/1 and 36/1 leading from Chettykuttai Tar Salai to Muniyankottai, Harur Taluk, Dharmapuri District after issuing notice to the encroachers. It is made clear that if there is any resistance in removing the encroachments, the fourth respondent shall give necessary police protection. It is also made clear that this direction will apply to all the parties, who made obstructions/encroachments. 9. The above criminal original petition is disposed of in the above terms.