M. Elangovan vs District Collector And Ors

M.M. Sundresh, J

The petitioner has come forward to file this Writ Petition with respect to two types of encroachments made, one is, over the water body in S.Nos. 274/1B and 282/1B at Thiruvalluvar Lake, and the other one is, with respect to the pathway situated at S.Nos.254/2 and 282/1A.

Insofar as S.Nos.254/2 and 282/1A are concerned, a suit in O.S.No. 238 of 2017 has already been filed and the same is pending before the District Munsif Court, Thuraiyur.

Though the learned counsel appearing for the petitioner submitted that the suit was filed by the nearby owners, on going through the averments made in the plaint, it appears that the plaintiffs want to use the alleged pathway by treating the same as public pathway. Therefore, the question as to whether the nearby owners of the land use it or the general public would use it will not make any difference. This is for the reason that injunction has been sought for on the premise that it has been used by the public, including the Forest Department. Furthermore, in the counter affidavit filed, it has not been stated as to whether the land belongs to the private persons or to the Government. Therefore, appropriate remedy open to the petitioner is to file an application seeking to implead himself as a party or to file an independent suit, as there is a dispute regarding the title that exists.

Insofar as S.Nos.274/1B and 282/1B are concerned, in the counter affidavit filed by respondent No.3, the following statement has been made:-

''6. I submit that based on the direction of this Hon'ble Court eviction process has been initiated and the encroachment areas were inspected by the revenue officials along with the Village Administrative Officer, Sonapuram, and found that the encroachments were made in the Thiruvallur Lake in Village S.Nos.270/1B, 282/1B, an extent of 3.88 Acres were encroached by various persons, including the private respondents herein. Meanwhile, most of the encroachments have been held at the water bodies and therefore, the 5th and 6th respondents are having the authority to evict the encroachers. Hence, the 3rd respondent, has sent a communication along with the encroachers list to the 5th respondent through proceedings No.Na.Ka.A1/7786/19, dated 27.01.2020.''

In such view of the matter, we direct respondent Nos.3 to 5 to take appropriate action to remove all the encroachments in S.Nos.274/1B and 282/1B, Sobanapuram Village, Thuraiyur Taluk, Trichy District, within a period of 12 weeks from the date of receipt of a copy of this order, by following the due procedures established in law. The said respondents shall also look into the grievance of the petitioner by hearing him and others, including the alleged encroachers on the northern side of the Well.

This Writ Petition is disposed of accordingly. No costs.

Consequently, connected Miscellaneous Petition is closed.