High Court · 2025

W.P.No.2429 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.01.2025CORAM:THE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE K.RAJASEKARW.P.No.2429 of 2025 and W.M.P.No.2741 of 2025D. SekarPetitionervs.1.The District CollectorOffice of the District CollectorCuddalore 607 0012.The Revenue Divisional OfficerOffice of the District CollectorCuddalore 607 0013.The TahsildarOffice of Kurinjipadi Taluk OfficeCuddalore District4.A. VijayaganthiRespondentsWrit Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records of the third respondent's proceedings dated 02.01.2025 in Na.Ka.No.A1/1203/2024 and quash the same as illegal.For petitionerMr. R. ShanmugasundaramSr. Counselfor Ms. A.G. ShakeenaaFor RR 1to 3Mr. T.K. SaravananGovernment AdvocatePage Nos.1/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025ORDER[made by M.SUNDAR, J.]Captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) pertains to 'land comprised in new Survey No.476/6 (Old Survey No.431) in Vanniyarpalayam Village, Kurinjipadi Taluk, Cuddalore District' (hereinafter 'said land' for the sake of convenience and clarity). This Court is informed that said land admeasures 0.17.0 ares (17 hectares) which translates to 41.99 cents.2.R4 (Vijayaganthi) in the captioned main WP is a private respondent. R4 had earlier filed a writ petition in WP No.5015 of 2024 arraying official respondents 1 to 3 before us as RR 1 to 3 therein and writ petitioner before us (D. Sekar) as R4 therein, seeking action qua alleged encroachment in said land. This writ petition was disposed of by another Hon'ble Division Bench on 28.02.2024 saying that necessary action for removal of encroachment (if any) shall be taken after providing opportunity to Vijayaganthi (R4 before us and writ petitioner in earlier writ petition) and D. Sekar (writ petitioner before us and R4 in earlier writ petition). The operative portion of this order reads as follows:Page Nos.2/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025'2.Without going into the merits of the matter, we dispose of the writ petition with a direction to the competent authority to consider the representation of the petitioner dated 02.11.2023 and take necessary action for removal of the encroachment, if any, after providing opportunity to the petitioner as well as the fourth respondent. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.'3.Purporting to act on aforementioned order, R3 has now passed an order dated 02.01.2025 bearing reference e/f/M1-1203-2024 (hereinafter ‘impugned order’ for the sake of convenience and clarity). 4.Learned Senior Counsel Mr. R. Shanmugasundaram, instructed by Ms. A.G. Shakeena, learned counsel on record for writ petitioner, submitted that captioned main WP has been filed assailing the impugned order. It was pointed out by learned Senior Counsel that the impugned order captures obtaining factual position that said land has been purchased by one Dhanapal (father of writ petitioner) from Chandrasekaran and Appadurai vide a registered sale deed but has gone on to conclude that there shall not be any further encroachments noticing a suit filed by writ petitioner’s brother one Sampath @ Sampath Raj in 'C.S. No.32 of 2024 on the file of the District Munsif Court, Kurinjipadi, Cuddalore' (hereinafter 'said suit' for Page Nos.3/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025the sake of convenience and clarity) seeking permanent injunction qua R4 (Vijayaganthi) before us as regards said land. It was submitted that the captioned main WP has become necessary as the impugned order talks about further encroachment after noticing that said land has been purchased by writ petitioner’s father.5.Issue notice to official respondents (RR 1 to 3).6.Mr. T.K. Saravanan, learned Government Advocate, accepts notice for official respondents (RR 1 to 3).7.Adverting to the impugned order, learned State counsel points out that the impugned order also records that said land has been shown as ‘sarkar poramboke’ in ‘A’ register (revenue records) and ‘temple’. 8.Be that as it may, it is brought to our notice that after the captioned main WP was filed, a notice dated 23.01.2025 bearing reference e/f/M1-1203-2024 has been issued by R3 and the same, as placed before us, is as follows:Page Nos.4/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025Page Nos.5/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025Page Nos.6/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 20259.The short point is, Hon’ble Division Bench, in the earlier order dated 28.02.2024, has made it clear that removal of encroachment, if any, shall be after providing opportunity to writ petitioner as well as R4 before us but no opportunity has been provided either to the writ petitioner or R4 before us before the impugned order came to be passed by R3.10.Faced with the above situation, learned State counsel submitted that the impugned order and the aforementioned 23.01.2025 notice will be withdrawn. This submission is recorded. Learned State counsel submits that action will be initiated under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (hereinafter 'said 1905 Act' for the sake of brevity) which means that writ petitioner will be given an opportunity when Section 7 notice is issued and writ petitioner is show caused.11.To be noted, this Court has repeatedly held that said 1905 Act is a self contained Code. The reason inter alia is that there is a provision to have the alleged encroacher show caused under Section 7 Page Nos.7/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025of said 1905 Act followed by an order (considering the cause shown). The order under Section 6 is appealable under Section 10 (District Collector is the appellate authority) and there is a provision for further revision to the Government under Section 10-A (Section 10-A(3) to be precise) of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Therefore, said 1905 Act is a self contained Code in every sense of the expression.12.We make it clear that all the rights and contentions of R4 (Vijayaganthi) before us are preserved when proceedings are kickstarted under said 1905 Act. Rights of R4 are also preserved qua said suit, wherein, R4 is the lone defendant. Therefore, as there is a safety valve put in qua R4, captioned main WP is taken up with the consent of learned State counsel and learned counsel on record for writ petitioner.13.The following order is made:(i)Impugned order being order dated 02.01.2025 bearing reference e/f/M1-1203-2024 issued by R3 and Page Nos.8/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025subsequent notice dated 23.01.2025 bearing reference e/f/M1-1203-2024 also issued by R3, stand withdrawn;(ii)R3 shall now kickstart proceedings under said 1905 Act, more particularly, pursuant to 28.02.2024 order made in W.P. No.5015 of 2024;(iii)Said 1905 Act being kickstarted inter alia means that writ petitioner will be show caused under Section 7 and all rights and contentions of writ petitioner are preserved for responding when show caused;(iv)Likewise, all the rights and contentions of R4 (Vijayaganthi) before us are preserved qua said suit;(v)Rights and contentions of writ petitioner are preserved for preferring review qua 28.02.2024 order in W.P.No.5015 of 2024, if so advised and if so desired; andPage Nos.9/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025(vi)All further action shall be subject to and depending on proceedings under said 1905 Act.14.Captioned main WP stands disposed of in the aforesaid manner. As we have written that further action will be subject to and depending on proceedings under said 1905 Act, captioned writ miscellaneous petition is disposed of as closed. There shall be no order as to costs.(M.S., J.) (K.R.S., J.)27.01.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking order / Non-speaking ordercadPage Nos.10/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025To1.The District CollectorOffice of the District CollectorCuddalore 607 0012.The Revenue Divisional OfficerOffice of the District CollectorCuddalore 607 0013.The TahsildarOffice of Kurinjipadi Taluk OfficeCuddalore DistrictPage Nos.11/12 https://www.mhc.tn.gov.in/judis W.P.No.2429 of 2025M.SUNDAR, J.andK.RAJASEKAR, J.cadW.P.No.2429 of 202527.01.2025Page Nos.12/12