R MUNUSWAMY Vs. DISTRICT COLLECTOR VELLORE VELLORE DISTRICT

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THIS writ petition has been filed praying for a writ of mandamus directing respondents 1 to 5 to consider the petitioner's representation, dated 06.06.2008 and take appropriate action against respondents 6 to 9 by evicting them from their encroachment of the Government Kalam Poramboke land situated at Erainkadu Village Panchayat of Vellore District in Survey No.173 measuring an extent of 0.65.5 Ares.

(3.) THE question, which crops up before this Court, is whether a writ petition with such prayers can be filed by way of public interest litigation when there exists specific statutory provision for removal of any unlawful obstruction/encroachment from public land. It may be noted that in the State of Tamil Nadu, there is an Act called Tamil Nadu Land Encroachment Act, 1905. THEre is a provision for summary eviction of encroachers under Section 6 of the said Act. It has also been stated under Section 13 of the said Act that the said law will not bar the operation of other laws in force. Section 13 of the said Act is set out herein below:-''13. Saving of operations of other laws in force.-Nothing in this Act contained shall be construed as exempting any person unauthorisedly occupying land from liability to be proceeded against under any other law for the time being in force:Provided that if any penalty has been levied from any person under section 5 or section 5-A of this Act, no similar penalty shall be levied from him under any other law in respect of such occupation."