THOKKALAVAR COMMUNITY DEVELOPMENT ASSOCIATION Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Mr.A.Chandradoss has filed W.P.(MD).No.24479 of 2016 against the first respondent as well as the Tahsildar, Uthamapalayam Taluk, The Village President, Aanaimalaiyanpatti village Panchayat, Theni District, The President, Thokkalavar Community, the petitioner herin R.Veeraperumal, The Block Development Officer (Village Panchayat) and Special Officer, Aanaimalaiyanpatti village Panchayat, Uthamapalayam Taluk, Theni District, praying for a Writ of Mandamus directing the respondents to remove the encroachment made in Government Poramboke land in survey No.429/1 at Malingapuram, Aanaimalaiyanpatti village Panchayat, Theni District.

(2.) A Division Bench of this Court vide order dated 20.02.2017 had found that as per the Revenue records, lands in survey No.429/1 has been classified as street and therefore, taking into consideration the contention put forth on behalf of the writ petitioner has allowed the writ petition directing the second respondent herein to remove the encroachments, which are in existence in survey No.429/1, by following due process of law and by fixing an outer time limit of two months. Accordingly, the second respondent issued a notice dated 24.03.2017, by referring to the order dated 20.02.2017 in W.P.(MD).No.24479 of 2016 and directed the deponent of the affidavit, representing in his capacity as the President of Thokkalavar Community Association, to remove the encroachments, failing which the encroachment will be removed at the cost and consequences. The second respondent vide communication dated 19.04.2017 in Na.Ka.No.744/2017/B3 also addressed the Deputy Superintendent of Police, Uthamapalayam and sought for police aid. The petitioner herein challenging the legality of the notice dated 24.03.2017, issued by the Special Officer and Block Development Officer of Aanaimalaiyanpatti village Panchayat, had filed W.P. (MD).No.7909 of 2017. The said writ petition came up for hearing before the Division Bench of this Court and while dealing with the same, the earlier order dated 20.02.2017 passed in W.P.(MD).No.24479 of 2016, was also taken into consideration and the writ petition was dismissed. At the time of the dismissal of the writ petition, a request was made on behalf of the writ petitioner for shifting the temple and the community hall to some other place and taking into consideration the same, this Court has granted time till 10.04.2017 and with the further indication that after the said date, the authorities shall remove the encroachments. The petitioner aggrieved by the dismissal of the writ petition filed S.L.P.(C).No.14956 of 2017 before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dated 09.05.2017, having found no ground dismissed the Special Leave Petition. Thereafter, the second respondent has issued the impugned notice as to the removal of the encroachments and challenging the legality of the same, the present writ petition has been filed.

(3.) Mr.M.Vallinayagam, learned Senior Counsel assisted by Mr.J.Anandkumar, learned counsel appearing for the writ petitioner would submit that in the revenue records the land in question has been erroneously classified as a street, whereas it is merely a natham and in respect of natham land, no power to remove the encroachment has been conferred upon any authority and in this regard, one R.Manikandan had filed W.P.(MD)No.13288 of 2017, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the survey carried out in respect of old survey No.59, Malingapuram, Aanaimalaiyanpatti, Uthamapalayam, Theni District and quash the same and consequently, to forbear the respondents therein from carrying out any proceedings for dispossession in old survey No.59/1 and new survey No. 429/1.