High Court · 2025

W.P(MD)No.15488 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 12.06.2025CORAMTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN andTHE HONOURABLE MR.JUSTICE B.PUGALENDHIW.P(MD)No.15488 of 2025P.Baskaran... Petitioner Vs.1.The District Collector, Collectorate, Pudukkottai District.2.The Executive Officer, Ponnamaravathi Town Panchayat, Ponnamaravathi Taluk, Pudukkottai District.... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in Na.Ka.No.803/A1/2020 dated 23.04.2025 and quash the same as illegal, arbitrary and non-application of mind and consequently direct the respondents 1 and 2 to allot the alternative place for shifting the petitioner's shop in the suitable other place within the Ponnamaravathy Town Panchayat, belongs to the second respondent.For Petitioner: Ms.C.Geetha1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15488 of 2025For Respondents: Mr.S.Vinoth Government Advocate ORDERHeard both sides. 2.One C.Ganesan filed W.P(MD)No.16765 of 2020 for conducting survey of Chinna Amarakandan Tank located in T.S.No.830 in Ponnamaravathi Village and for removing the encroachments therein. The said Writ Petition was disposed of on 11.11.2022 in the following terms: “2.Today, when the matter was taken up for hearing, the learned Special Government Pleader for the respondents 1 to 3 has produced the proceedings of the 3rd respondent dated 21.10.2022 in Na.Ka.No.A2/802/2020, addressed to the Revenue Tahsildar, Ponnamaravathy and submitted that the authorities are going to conduct a survey of the water body in question, so as to ascertain whether there is any encroachment as projected by the petitioner. He further submitted that if the survey reveals any encroachment in the place in question, the same would be removed by the authorities concerned, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a time frame. 3.In view of the above, without going into the merits of the case, this Court directs the authorities concerned to conduct a survey of the water body in question, in the presence 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15488 of 2025of the petitioner as well as any other interested parties, after serving notice to them well in advance and if the survey reveals any encroachment in the water body, the same shall be removed by the authorities concerned, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.”Pursuant to the said direction, a survey was conducted on 03.12.2022. It was noted that as many as 35 persons had committed encroachments. The writ petitioner is listed at Serial No.22. He is running a sweet stall in the premises belonging to the local body. An official of the local body is present in person before us. He confirms that the local body had put up a complex of shops in the water body. When similarly placed tenants filed W.P(MD)Nos.30175 to 30184 of 2023 questioning removal of encroachments, we dismissed the Writ Petitions on 19.12.2023 in the following terms: “3. Thereafter, some of the encroachers have filed W.P(MD)Nos.2074 to 2076 of 2011. The said Writ Petitions were disposed of by the learned Single Judge of this Court on 29.03.2022, in the following terms : “4.Considering the rival submissions, this Court by order dated 02.01.2014, appointed an Advocate Commissioner to ascertain as to whether the property is a Government property or a private one. Accordingly, learned Advocate Commissioner 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15488 of 2025has conducted an inspection and filed a report dated 07.02.2014, that the constructions are made by encroaching the Chinna Amarakandan Oorani. 5.It appears that the petitioners have filed these writ petitions to forbear the respondents from demolishing their shops. In view of the materials placed before this Court, the relief sought for in these writ petitions cannot be granted. 6.Accordingly, these writ petitions are dismissed. It is open to the respondents to take appropriate action to remove the encroachments, after issuing notice to the alleged encroachers and after giving due opportunity of hearing, in accordance with law. If the petitioners are having valid title over the property, they are also at liberty to establish the same by approaching the appropriate civil forum. There shall be no order as to costs. Consequently, all the connected miscellaneous petitions are closed.” 4. Pursuant to the said directions by the Hon'ble Division Bench, the impugned order came to be passed. Of course, as rightly pointed out by the learned counsel for the petitioners, the Executive Officer of the local body will not have the power to pass an order under Section 6 of the Tamil Nadu Land Encroachment Act. But wrong quoting of a legal provision will not vitiate any official proceedings. 5. Admittedly, the shop in question was put up only by the local body. The petitioners having been inducted as a lessee cannot claim any higher right. When the local body has called upon the petitioners to vacate the premises, the petitioners are bound to vacate the same. It is all the more so because for the several months no lease rents have been collected from the 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15488 of 2025petitioners. We grant two months time from today for the petitioners to vacate the premises in question. If at the end of two (2) months period, the petitioners fail to vacate, it is open to the respondent herein to demolish the shops without any further notice. The petitioners have to necessarily file an affidavit of undertaking before the respondent within seven days from the date of receipt of a copy of this order.”3.Though it appears that individual notice was not given to the writ petitioner before conducting survey, since identically placed individual have suffered dismissal, we are not in a position to taken a contra view. Subject to the writ petitioner filing an affidavit before the second respondent undertaking to vacate the premises, we grant exactly 30 days from today (12.06.2025) to the petitioner to vacate. 4.With the aforesaid direction, this Writ Petition is dismissed. There shall be no order as to costs. [G.R.S., J.] [B.P., J.] 12.06.2025 NCC: Yes / NoInternet: Yes / NoIndex : Yes / NoMGA5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15488 of 2025G.R.SWAMINATHAN, Jand B.PUGALENDHI, J.MGATo1.The District Collector, Collectorate, Pudukkottai District.2.The Executive Officer, Ponnamaravathi Town Panchayat, Ponnamaravathi Taluk, Pudukkottai District.W.P(MD)No.15488 of 202512.06.20256/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.15488 of 20257/6