P M SELVARAJ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The Writ Petition, styled as a Public Interest Litigation, is filed by the petitioner alleging among other things that there is a Government poramboke land situated in Survey No.133, Dr.Ambedkar Nagar, Kuliparai Village, Thirumayam Taluk, Pudukkottai District. The petitioner claims to be a Farmer by profession and was a member of Kulipirai Village Panchayat-Ward No.3 and he belongs to Scheduled Caste Community. It is also the claim of the petitioner that due to hard and sincere efforts, 75 landless poor persons belonging to the Adi Dravidar Community were granted assignment pattas and after assignment, some portion of the lands remains for communal purpose. It is the specific case of the petitioner that the private respondents 4 and 5 had encroached upon the said lands comprised in Survey No.133/2 and put up thatched sheds, semi permanent sheds and in this regard, the petitioner has submitted a representation, dated 24.07.2017 to the Secretary to Government, Home Department and the copies were earmarked to the respondents 1 to 3. The office of the first respondent has also sent a memo, dated 31.07.2017 to the third respondent to look into the complaint/representation given by the petitioner and inform the decision taken to the Government and the copy marked thereon. The grievance expressed by the petitioner is that despite such direction issued by the first respondent, the third respondent has failed to take any kind of action to remove the encroachment on the part of the respondents 4 and 5 and hence, the petitioner is constrained to approach this Court by filing this Writ Petition.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner is also one of the beneficiaries of the assignment patta and despite that, the respondents 4 and 5 have encroached upon some portion of the land in Survey No.133/2, which is meant for communal purpose and also put up thatched shed. Though the said fact has been brought to the knowledge of the concerned respondents, no action has been taken so far. Therefore, prays for appropriate orders for measuring the encroachment and for further action.

(3.) Mr.S.Satheesh Kumar, learned Additional Government Pleader appearing for the official respondents, has drawn the attention of this Court to the counter affidavit filed by the third respondent and would submit that the land in Survey No.133/2, admeasuring to an extent of 0.95.0 Hectares, was acquired by the Adi Dravidar Welfare Department for houseless people belonging to the Adi Dravidar Community and 73 families were effected and each of them was granted house site patta of three cents each and the respondents 4 and 5 are also beneficiaries under the said Scheme and it is further stated that the fourth respondent had occupied a portion of land and he is in occupation of the land by constructing a house in hallow block and the fifth respondent has erected a tin sheet shed and in respect of the representation, enquiry was also conducted and the respondents 4 and 5 stated that they are ready to vacate the encroachment only if all other encroachers in the said land are removed and on instructions, the learned Additional Government Pleader appearing for the official respondents stated that further action will be taken strictly in accordance with law in respect of removal of the encroachments.