V VENU Vs. TAHSILDAR DHARMAPURI DISTRICT

JUDGEMENT

(1.) WRIT Petitions filed under Article 226 of the Constitution of India praying for issuance of writs of mandamus forbearing the respondents herein from dispossessing the petitioners from the lands situated in S.Nos.50/1, 50/5 and 51/1 of Achalvadi Village, Harur Taluk. By consent of the learned counsel on either side, these writ petitions are taken up for final disposal.

(2.) THE prayer in the writ petitions is to forbear the respondents from dispossessing the petitioners from the lands situated in S.Nos.50/1, 50/5 and 51/1 of Achalvadi Village, Harur Taluk.

(3.) THE Field Surveyor measured the lands on 04.03.2005 in the presence of the Panchayat President and obtained a statement from the President to the effect that the lands are measured in his presence and the boundaries are known to him. THE 1st respondent Tahsildar has also inspected the lands on 06.06.2005 after the receipt of notices in these writ petitions and also noticed that there were no encroachments by the petitioners in the said lands. THE respondents have not evicted any encroachments in the said lands, which were said to be encroached upon by the petitioners. It is also ascertained that the local Panchayat requires the above lands for a public purpose, i.e. for a formation of a road. Since lands are vested property of local body, the Panchayat is the competent authority to carry out eviction and the respondents have no idea of eviction of encroachments. It is also stated by the respondents that they have nothing to do with the alleged eviction and that they can co-ordinate with local bodies in maintaining law and order during the eviction of encroachment, if it is necessary.