LAWS(MAD)-2019-11-661

M.THECHINAMOORTHY Vs. DISTRICT COLLECTOR

Decided On November 21, 2019
M.Thechinamoorthy Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) Heard Mr.T.Lajapathi Roy, learned Counsel assisted by Mr.T.Aswin Rajasimman for the petitioner, Mr.A.K.Baskara Pandian, learned Special Government Pleader for respondents 1 to 4, Mr.A.Kannan, learned Counsel for the fifth respondent and Mr.K.Radha Krishnan, learned Counsel appearing for the sixth respondent in the Writ Petitions and Mr.D.Balamurugapandi, learned Counsel appearing for the petitioner, Mr.A.K.Baskara Pandian, learned Special Government Pleader for the first respondent and Mr.A.Kannan, learned Counsel for the second respondent in Cont.P(MD)No.630 of 2018.

(2.) We take up the Writ Petitions for consideration at the first instance because any order passed in the writ petitions will have a direct impact on the contempt petition. W.P.(MD)No.13834 of 2018, filed by one M.Thechinamoorthy, is taken as a lead case. The petitioner seeks for issuance of a Writ of Certiorari, to quash the order passed by the District Collector, Ramanathapuram, dated 07.06.2018 which is an order passed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as 'the Act'].

(3.) A small prelude would be required before we examine the correctness of the impugned order. One Mr.Jeganathan, filed W.P.(MD)No.6589 of 2017, designed as a Public Interest Litigation to remove the illegal encroachments made by the writ petitioners before us and others in a water body in Town Survey No.96, measuring an extent of 0.6350.0 Sqft. In Ward No.12, known as Throwpathy Amman Oorani in Ramanathapuam, Ramanathapuram District. The said writ petition was heard by the Division Bench after notice was served on the encroachers. Some of the encroachers who are impleaded as respondents did not chose to enter appearance through Counsel. The official respondents were directed to dispose of the representation given by K.Jeganathan dated 22.09.2015 on merits and as per law, after issuing notice to the encroachers who are impleaded as parties and the other encroachers as well.