P. Mani vs District Collector, Tahsildar and P. ChinnaThambi

P. Jyothimani, J.—Mr. V. Rajasekaran, learned Special Government Pleader takes notice for the Respondents 1 and 2.

This Writ Petition is directed against the order of the first Respondent dated 10.09.2010, directing the Tahsildar, Sivaganga to remove all the encroachments made in S. No. 463/1, 463/2 in Kanimarpatti Village.

A perusal of the records would go to show that in accordance with the order dated 09.07.2010 passed by the Division Bench of this Court in W.P.(MD) No. 1183 of 2010, the District Collector, Sivagangai District has conducted an enquiry, in which the Petitioner herein has participated. During the enquiry, the Petitioner has stated that he has constructed a thatched roof and is running a petty shop in S. No. 463/1. It was found by the first Respondent/District Collector that there are encroachments in S. Nos. 463/1, 463/2 and 463/3. Therefore, the impugned order came to be passed, directing the Tahsildar, Sivaganga to remove all the encroachments.

The only point on which the impugned order challenged is that the enquiry conducted by the District Collector is with regard to S. Nos. 463/2 and 463/3 alone and the District Collector has no jurisdiction to direct the Tahsildar to remove the encroachment in S. No. 463/1. The said argument is fallacious. During the enquiry, the Petitioner has participated and put forth his contentions. Hence, the action of the first Respondent cannot be found fault with. The first Respondent/Collector has only directed the Tahsildar to remove the encroachments. It is needless to say that the Tahsildar/the second Respondent would give notice to the Petitioner before removing the encroachment.

In such view of the matter, except making the above said observation, we do not find any reason to interfere with the order of the first Respondent/District Collector. Accordingly, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P. (MD) No. 1 of 2010 is closed.