WP/35838/2019 of PON.THANGAVELU Vs The District collector on 30 December 2019

1. The District Collector Collectorate, Singaravelar Maaligai Beach Road, Chennai-1. Collectorate, Singaravelar Maaligai Beach Road, Chennai-1.

2. The Tahsildar Sholinganallur Taluk Chennai & District.

.. Respondents

Writ petition filed under Article 226 of the Constitution ofIndia praying for issuance of a writ of certiorarified mandamuscalling for the records from the respondents and in particularlythe 2[nd] respondent pertaining to the impugned rejection order inNa.Ka.No.9722/2016/A2 dated 17.12.2019 and quash the same andconsequently to dispose the interim application filed on09.09.2019 by the petitioner before the 1[st] respondent undersection 10-B of the Tamil Nadu Land Encroachment Act, 1905.

(1) By consent, the writ petition is taken up for final disposal.Mr.V.Jayaprakash Narayan, learned Government Pleader acceptsnotice on behalf of the respondents.Mr.V.Jayaprakash Narayan, learned Government Pleader acceptsnotice on behalf of the respondents.

(2) The petitioner is the Managing Trustee of Sri VaiyapuriVinayagar Temple and the Trust is a registered one bearingNo.1330/2012 registered on 12.12.2012 on the file of the SubVinayagar Temple and the Trust is a registered one bearingNo.1330/2012 registered on 12.12.2012 on the file of the Sub

Registrar, Neelangarai. It is his further case that oneMr.Sekar had filed WP.No.9412 of 2014 before the Hon'ble FirstBench of this Court against [1]the District Collector,Kancheepuram District ; [2]the Tahsildar, Sholinganallur Taluk,KancheepuramDistrict;[3]theCommissioner,ChennaiCorporation, Chennai-3 and against 6 private persons includingthe petitioner herein, seeking to remove the unauthorisedlyerected idol of the Deity in S.No.234 at Injambakkam Village,Sholinganallur Taluk, Kancheepuram District and the Hon'bleFirst Bench had disposed of the said writ petition on31.08.2016, directing the authorities concerned to examine thesubject matter. Since the said order has not been compliedwith, the petitioner therein, viz., Mr.I.H.Sekar, filedCont.P.No.1756/2017. Subsequently, the petitioner was issuedwith notices under Sections 7 and 6 of the Tamil Nadu LandEncroachment Act, 1905, [in short ''the Act''] and challengingthe same, the petitioner filed WP.No.3179/2019 before thisCourt and vide order dated 05.02.2019, this Court had disposedof the said writ petition, granting liberty to the petitionerto file an appeal under Section 10 of the Act to the authorityconcerned within the stipulated period with a further directionto the concerned authority to deal with the said appeal inaccordance with law.

(3) It is the further case of the petitioner that pursuant to theorder dated 05.02.2019 made in WP.No.3179/2019, he hadpreferred an appeal u/s.10 of the Act before the 1[st] respondenton 11.02.2019 and since the same was not given a disposal, hefiled WP.No.26814/2019 before the Hon'ble First Bench seekingdirection to the respondents therein to dispose of the saidappeal and the Hon'ble First Bench had disposed of the saidwrit petition by observing that as the petitioner has got anefficacious alternate remedy, this Court is not inclined tointerfere and the petitioner is relegated to the remedy ofpreferring a stay petition u/s.10-B of the Act in the saidappeal.order dated 05.02.2019 made in WP.No.3179/2019, he hadpreferred an appeal u/s.10 of the Act before the 1[st] respondenton 11.02.2019 and since the same was not given a disposal, hefiled WP.No.26814/2019 before the Hon'ble First Bench seekingdirection to the respondents therein to dispose of the saidappeal and the Hon'ble First Bench had disposed of the saidwrit petition by observing that as the petitioner has got anefficacious alternate remedy, this Court is not inclined tointerfere and the petitioner is relegated to the remedy ofpreferring a stay petition u/s.10-B of the Act in the saidappeal.

(4) The 2[nd] respondent herein, despite the appeal pending beforethe 1[st] respondent, vide impugned order dated 17.12.2019, hadrejected the petitioner's appeal dated 07.01.2019 on theground that despite ordering notice to the petitioner to appearin person along with the relevant documents, the petitioner didnot appear and that as per the Village Accounts/RevenueRecords, the land in question in S.No.234, is classified as''byf;nfh nfzp frk;'' and that the temple is an unauthorisedconstruction. Challenging the legality of the same, thepresent writ petition is filed.the 1[st] respondent, vide impugned order dated 17.12.2019, hadrejected the petitioner's appeal dated 07.01.2019 on theground that despite ordering notice to the petitioner to appearin person along with the relevant documents, the petitioner didnot appear and that as per the Village Accounts/RevenueRecords, the land in question in S.No.234, is classified as''byf;nfh nfzp frk;'' and that the temple is an unauthorisedconstruction. Challenging the legality of the same, thepresent writ petition is filed.

(5) Heard the submissions of the learned counsel for the petitioner ; and Mr.V.Jayaprakash Narayan, learned GovernmentPleader appearing for the respondents and also perused thematerials placed before it.

(6) When the matter is taken up today for hearing, Mr.V.Jayaprakash Narayan, learned Government Pleader appearing forthe respondents would submit that the appeal dated 11.09.2019filed by the petitioner under Section 10 of the Act, before the1[st] respondent, will be disposed of within the time to bestipulated by this Court and that the petitioner may bedirected to appear before the authority concerned on a specificdate along with the relevant documents and within a week fromthe date of appearance of the petitioner, orders would bepassed and till such time, the final orders are passed, thetemple run by the petitioner Trust, will not be disturbed.V.Jayaprakash Narayan, learned Government Pleader appearing forthe respondents would submit that the appeal dated 11.09.2019filed by the petitioner under Section 10 of the Act, before the1[st] respondent, will be disposed of within the time to bestipulated by this Court and that the petitioner may bedirected to appear before the authority concerned on a specificdate along with the relevant documents and within a week fromthe date of appearance of the petitioner, orders would bepassed and till such time, the final orders are passed, thetemple run by the petitioner Trust, will not be disturbed.

(7) Taking note of the submissions of Mr. V.Jayaprakash Narayan,learned Government Pleader appearing for the respondents, thepetitioner is directed to appear before the concerned authorityalong with relevant and authenticated documents on 02.01.2020at 3.00 p.m. without awaiting for the order passed by thisCourt in this writ petition or notice from the Government. Theconcerned authority shall pass orders on or before 08.01.2020and the order copy shall be handed over to the petitioner onthe same day itself. It is made clear that till the authorityconcerned passes final orders, the temple run by the petitionerTrust shall not be disturbed.learned Government Pleader appearing for the respondents, thepetitioner is directed to appear before the concerned authorityalong with relevant and authenticated documents on 02.01.2020at 3.00 p.m. without awaiting for the order passed by thisCourt in this writ petition or notice from the Government. Theconcerned authority shall pass orders on or before 08.01.2020and the order copy shall be handed over to the petitioner onthe same day itself. It is made clear that till the authorityconcerned passes final orders, the temple run by the petitionerTrust shall not be disturbed.

(8) In the result, the writ petition stands disposed of. Nocosts. Consequently, the connected miscellaneous petition isclosed.costs. Consequently, the connected miscellaneous petition isclosed.

Sd/-

Deputy Registrar (CS)

//True Copy//

AP

Sub Assistant Registrar

To

1. The District Collector Collectorate, Singaravelar Maaligai Beach Road, Chennai-1. Collectorate, Singaravelar Maaligai Beach Road, Chennai-1.

2. The Tahsildar

Sholinganallur Taluk

Chennai & District.

+1cc to Mr.P.Vijendran, Advocate, S.R.No.106881

+1cc to the Government Pleader, S.R.No.106895

WP.NO.35838/2019

KK(CO)CS/31/12/2019