ORDER
(made by S. VAIDYANATHAN, J.) This is a petition seeking removal of encroachment allegedly made by the sixth respondent in the playground area situated in S.No.178/2 and 178/9A of Kolapadi Village, Kunnam Taluk, Perambalur District, which was specifically allotted for the people of Adi Dravidar community of Kunnam Village in Perambalur District.
2 Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the official respondents. None appears for the sixth respondent.
2/4
3 A counter affidavit has been filed by the fourth respondent, viz., the Special Tahsildar (Adi Dravidar Welfare), Perambalur, stating that the encroachment in question has already been removed. The relevant paragraphs of the said counter affidavit read thus:
"6 It is submitted that the averments in para 3 of the affidavit are only partly true. As narrated in the brief history, on receipt of a petition from one P. Veeramuthu in the Grievance Day Programme on 04.11.2019 and subsequent inspection by the Special Revenue Inspector, Perambalur, by impugned letter no.Rc/A1/161/2019 dated ..11.2019, the fourth respondent herein directed the 6threspondent to remove the rough mud utilised for the purpose of forming the pathway within one week and also to remove the jelly stones and bricks which have been dumped in the playground earmarked for the Adi Dravidar people. On failure, the 6th respondent was informed that the above said encroachments will be removed and the expenses in this regard will be recovered from him.
7 It is submitted that the averments in Para 4 of the affidavit are also only partly true. Subsequent to the filing of above writ petition, the jelly stones and bricks which have been dumped in the playground in the Colony formed in the extent of Ac.6.07 cents comprised in S.No.178/2 and 178/9A acquired for the purpose of giving free house site pattas to Adi Dravidar people have been removed. At this juncture, it is stated that inasmuch as the pathway in the Adi Dravidar Colony belongs to the Government, all people have right to use the same. Hence, the pathway that was formed by using the hard mud (gpuhr;rpkz;) has since been used by all the Adi Dravidar people. Accordingly, it is submitted that the prayer in the above writ petition has become infructuous."
3/4
S. VAIDYANATHAN, J.
and
K. RAJASEKAR, J.
cad In view of the above, this writ petition is closed reiterating the observation made by this Court time and again that there shall not be encroachment in places like Government poramboke lands, OSR areas, parks, etc. in any manner. No costs.
(S.V.N., J.) (K.R.S., J.)
19.12.2023
cad To
1 The District Collector Perambalur District Perambalur
2 The Revenue Divisional Officer Revenue Department
Kunnam Taluk
Perambalur District
3 The Tahsildar Kunnam Taluk Perambalur District
4 The Special Tahsildar (Adi Dravidar Welfare) Perambalur
5 The District Adi Dravidar Welfare Officer Perambalur
Perambalur District
W.P. No.6405 of 2020
4/4