Encroachment order of THE HON’BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.19286 of 2021. Aag j ravinthiran for govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:     02.02.2022

CORAM :

THE HON’BLE MR.MUNISHWAR NATH BHANDARI,

ACTING CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU

W.P.No.19286 of 2021

Raja                      ..           Petitioner

Vs.

  1. The Secretary

Revenue Department, Secretariat     Chennai-9.

  1. The Director

Animal Husbandry and Veterinary Service     Nandanam, Chennai-35.

  1. The District Collector

No.62, Rajaji Salai, Collectorate     Chennai-1.

  1. The District Collector

Cheyyar Kanchipuram Road

Gandhi Nagar     Collectorate

Kanchipuram-631 501.

  1. The District Collector

Master Plan Complex     NH 205, Collectorate     Tiruvallur-602 001.

  1. The District Collector

Tamil Nadu Housing Board     Collectorate, Vellore-632 012.

  1. The District Collector

Collectorate, GST Road

Chengalpet-603 001.                      ..      Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents 1 to 7 to remove the encroachment being in all the Meikaal poramboke lands and Mandaiveli lands throughout Tamil Nadu and restrain the respondents from in anyway converting the lands in Meikaal poramboke and Mandaiveli for the purpose of granting patta pursuant to G.O.Ms.No.318 Revenue and Disaster Management Department dated 30.8.2019.

For the Petitioner  : Mr.G.Surya Narayanan

For the Respondents   : Mr.J.Ravindran

Additional Advocate General

Assisted by

Mrs.R.Anitha

Special Government Pleader

ORDER

(Order of the Court was made by the Hon’ble Acting Chief Justice)

The writ petition has been filed seeking a direction to the respondents to remove the encroachments in Meikaal poramboke and Mandaiveli lands throughout the State of Tamil Nadu and to restrain the respondents from converting the said lands for the purpose of granting patta, pursuant to G.O.Ms.No.318, Revenue

and Disaster Management Department dated 30.08.2019.

  1. Learned counsel for the petitioner prayed for liberty to file a

fresh writ petition in regard to the prayer for removal of the

encroachment on Meikaal Poramboke and Mandaiveli lands

throughout the State of Tamil Nadu for each Districts separately. It is not only to address the issue on encroachments effectively, but also for the implementation of the direction as prayed for by the petitioner. The only prayer now is to dispose of the writ petition to direct the respondents not to convert the Meikaal Poramboke and

Mandaiveli lands for the purpose of granting patta.

  1. Learned Additional Advocate General has contested the issue and submitted that Meikaal Poramboke and Mandaiveli lands can be converted after allocation of equivalent area for grazing purpose. Since the Rule permits for the aforesaid, a prayer is made

not to issue a direction of the nature prayed for by the petitioner.

  1. We have considered the rival submissions made by learned

counsel for both sides.

  1. Admittedly, Meikaal poramboke and Mandaiveli lands are earmarked for the purpose of grazing cattles and therefore,

whenever it is to be converted, equivalent land has to be allocated for the said purpose. The provision regarding conversion at times is

being misused and therefore, the Apex Court in the case of Rameshbhai Virabhai Chaudhari v. The State of Gujarat, [Civil Appeal No.5135 of 2021, dated  6.9.2021], which dealt with unauthorised encroachment on gauchar land, i.e., grazing land, held that the grazing land should be used only for the purpose for which it is permitted and no encroachment on such land is permissible.  The relevant paragraphs of the said judgment are

quoted hereunder:

It is trite to say that gouchar land can be used only for purposes for which it is permitted to be used.  If there is a user contrary to the permissible user, whether by the State or by any third party, the same cannot go on. Rehabilitation of persons is really not required in the present case as only three persons are entitled to an alternative site as per rules. There is of course some dispute whether the encroachers have made permanent structures or kuchha construction for keeping cattle but be that as it may, the user cannot be contrary to what is being permitted for gouchar land, which is a grazing land.

In view of the aforesaid, a direction is issued to bring the land in conformity with its use by the State Government taking appropriate action within a maximum period of three months from today.”

  1. Taking into consideration the aforesaid direction read with

the Rules permitting conversion of Meikaal Poramboke and Mandaiveli lands in the State of Tamil Nadu, we find it to be appropriate to direct the respondents not to convert those lands for regularization of encroachment. For other purposes also, conversion of land cannot be permitted unless equivalent area is identified and earmarked for such purpose. Any order to be passed for it shall be only after the prior approval of this Court. It would be by filing a separate application in the disposed of petition, justifying the conversion of lands and the purpose sought to be achieved, so that the judgment of the Apex Court referred to above is taken to its

logical conclusion.

  1. The writ petition is disposed of with the aforesaid

observation. There will be no order as to costs.

(M.N.B., ACJ.)           (P.D.A., J.)

02.02.2022

Index : Yes/No kpl/drm

To:

  1. The Secretary

Revenue Department, Secretariat     Chennai-9.

  1. The Director

Animal Husbandry and Veterinary Service     Nandanam, Chennai-35.

  1. The District Collector 62, Rajaji Salai, Collectorate     Chennai-1.
  2. The District Collector

Cheyyar Kanchipuram Road

Gandhi Nagar

Collectorate

Kanchipuram-631 501.

  1. The District Collector

Master Plan Complex     NH 205, Collectorate     Tiruvallur-602 001.

  1. The District Collector

Tamil Nadu Housing Board     Collectorate, Vellore-632 012.

  1. The District Collector

Collectorate, GST Road     Chengalpet-603 001.

M.N.BHANDARI, ACJ

AND

P.D.AUDIKESAVALU,J.

(kpl)

W.P.No.19286 of 2021

 

02.02.2022

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