PRESIDENT, MALAYALATHANPATTI RESIDENTS WELFARE ASSOCIATION Vs. DISTRICT COLLECTOR AND THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (W R O), PERIYAR MAIN CANAL DIVISION

JUDGEMENT

(1.) The association has filed this writ petition in respect of thirty five of their members whose list has been given insisting that they have all encroached into the poramboke area and have put up a construction in survey No. 15, Malayalathanpatti, Kodikulam II Bit, Madurai North Taluk, Madurai District and they have to get the benefit under G.O. Permanent No. 166, Revenue Department dated 27.03.2000.

(2.) The only contention raised before this Court is that G.O. Permanent No. 166, Revenue Department dated 27.03.2000 contemplates the Constitution of a Committee which has to pass necessary orders and the encroachers will come under the benefit of G.O. Permanent No. 166, Revenue Department dated 27.03.2000. Even though this is a tank poramboke, only if the Collector and other officials inspect the property they can be removed or ordered to be so. The petitioners have stated that they have been in long possession of this encroachment land and they having been allowed to put up construction, they will be put to heavy loss if they are evicted.

(3.) The Government has filed a detailed counter. The counter has been filed by the District Collector, Madurai who is the competent authority under G.O. Permanent No. 166, Revenue Department dated 27.03.2000. In respect of regularization in Paragraph 6 of the counter, the District Collector has specifically stated that G.O. Permanent No. 166, Revenue Department dated 27.03.2000 will apply only when the lands are not required for Government purpose and assignment can be given for those residing thereon for more than 10 years and in so far as the present petitioner's association members are concerned, the Public work authorities who are the competent authorities has given a report insisting that the lands are required for future and in such circumstances, the considered opinion of the technical Department like Public Works Department need to be given due merit, it is considered as not feasible to grant assignment in accordance with the G.O. referred to thereon.