Chennai: Madras high court has directed Tiruvannamalai district collector to identify all encroachments and illegal occupations in the district and initiate appropriate actions on encroachers.
Justice S.M. Subramaniam, before whom a writ petition from T. Rajesh came up for hearing, has directed the collector to ensure that the public and government lands are protected and in the event of any lapses and negligence by the subordinate officials to initiate appropriate prosecutions and disciplinary proceedings against all such subordinate officials, who have failed to initiate appropriate actions, in respect of all encroachers.
In the petition T. Rajesh sought for a direction to the Special Tahsildar (Town Settlement), Thiruvannamalai Taluk, to quash order dated July 26,2018 summoning him for enquiry with regard to the possession of land measuring 2000 sq.ft, which was assigned to him. He also sought to declare the Circular issued by the Commissioner of Land Administration dated March 13, 2018, as it was not in accordance with law.
The petitioner alleged that N. Shanmugam, president of Boyar Sangam and a few others in that locality, attempted to encroach the said land using their political influence. A civil suit regarding this has been pending before additional munsif court, Tiruvannamalai.
However, senior counsel P. Wilson, who appeared on behalf of N. Shanmugam, replied that land in question was a 'ryotwari' land and the land was in possession of the Sangam. The petitioner obtained the assignment order fraudulently. On the basis of complaint from Shanmugam, the tahsildar initiated action against him.
Disposing of the petition the judge directed the collector to depute an official to verify the revenue records in connection with the government poramboke land claimed by a politically influenced person and the writ petitioner, who claims that the land was already assigned to him in his order. He said, “If the lands in question are classified as 'government poramboke lands' or the 'public lands' then appropriate actions are to be initiated under the provisions of the Encroachments Act, in order to evict all the encroachers and utilize the land for the welfare of the public and in the interest of public administration.”
The judge said “This court is of an opinion that the genuinity of the assignment granted to the petitioner is to be verified by the tahsildar or by the competent authorities in this regard. So also the possession of N. Shanmugam, if the same is in the government poramboke land, that also to be ascertained by the competent authorizes. In this regard if there is an encroachment of Government lands or Public properties then suitable actions are to be initiated against all such encroachers by invoking the provisions contemplated under the encroachments act.”
