DIVISIONAL ENGINEER/CENTRAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petition has been filed by the Railways, challenging the order passed by the second respondent, by which, the buildings and other structures, which have been constructed by the Railways in new Ward AE, Block-20, Town Survey No.2/1 and 2/2, of Kottapattu Village, Trichy East, Trichy District, to an extent of 24.25.0 Hectares of land, have been classified as Tamil Nadu Government land, by virtue of an order dtd. 16/2/2021.

(2.) The Railways are in possession of the lands to an extent of 570.26 acres for its workshop and for other allied purposes, for more than one century. All the revenue records are standing in the name of Railways. When things stand so, one S.I.Basheer Ahamed claimed 22.30 acres of land in Kottapattu Village, Trichy District alleging that he is in possession of the said property. The said claim was rejected by order dated 16. 02.2021. While deciding the claim of the said Basheer Ahamed, incidentally the fourth respondent declared the said land as Tamil Nadu Government land. Thereafter, by virtue of the impugned order, the fourth respondent directed the petitioner to remove the superstructures from the said land, which is measuring about 24.25.0 hectares.

(3.) Mr.S.Manohar, learned Counsel for the petitioner submitted that the Railway is in possession of the land for more than one century and it is used for the railway purpose only. When things stand so, the fourth respondent classified the lands as Tamil Nadu Government land. Against the said order dtd. 16/2/2021, the petitioner already filed an appeal before the third respondent on 12. 04.2021. Even before the appeal could be numbered, the impugned order has been passed, directing the petitioner to remove the superstructures. If such order is given to effect, the very purpose of filing an appeal will be lost.