Madrasdated High Court · 2025

W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025Prayer in W.P.No.4330 of 2025:Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned notice dated 22.01.2025 issued by the second respondent and quash the same as illegal and unconstitutional and consequently, restraining the respondents from disturbing the petitioner's peaceful possession and enjoyment in the residential house measuring to an extent of 835 sq. ft. classified as Grama Natham comprised in Old S.No.405/2 situated at No.101/1, South Street, Govindapuram Village in Ariyalur Taluk and District.For petitionersin all WPsMr. A.V. RajaCOMMON ORDER[made by M.SUNDAR, J.]After some arguments, Mr. A.V. Raja, learned counsel on record for writ petitioners, sought leave of this Court to withdraw the captioned main 'writ petitions' (hereinafter 'WPs' for the sake of brevity) and captioned writ miscellaneous petitions (hereinafter 'WMPs' for the sake of brevity) thereat but made a plea to preserve all the rights/liberty of the writ petitioners to respond to the impugned Page Nos.4/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025notices which are made under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act'), saying so, learned counsel has made endorsements in the case files and scanned reproduction of the same are as follows:Endorsement in W.P.No.4298 of 2025:Page Nos.5/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025Endorsement in W.P.No.4310 of 2025:Page Nos.6/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025Endorsement in W.P.No.4317 of 2025:Page Nos.7/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025Endorsement in W.P.No.4323 of 2025:Page Nos.8/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025Endorsement in W.P.No.4328 of 2025:Page Nos.9/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025Endorsement in W.P.No.4330 of 2025:Page Nos.10/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 20252.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 of 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.3.In the light of the above position, request of the learned counsel for writ petitioners seeking leave of this Court to withdraw the captioned WPs and captioned WMPs thereat, with preservation of rights/liberty to respond to the impugned notices (subject to time lines, of course), is acceded to.Page Nos.11/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 20254.Captioned WPs and captioned WMPs thereat are disposed of as withdrawn/closed albeit with preservation of rights/liberty in the aforesaid manner. There shall be no order as to costs.(M.S., J.) (K.G.T., J.)12.02.2025cadIndex:Yes/NoNC:Yes/NoPage Nos.12/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025To1.The District CollectorThiruvallur DistrictThiruvallur – 601 2012.The TahsildarGummidipoondi Taluk OfficeGummidipoondi - 601 201Thiruvallur District3.The Revenue InspectorElavur FirkaGummidipoondi TalukThiruvallur DistrictPage Nos.13/14 https://www.mhc.tn.gov.in/judis W.P. Nos.4298,4310,4317,4323,4328 and 4330 of 2025M.SUNDAR, J.andK. GOVINDARAJAN THILAKAVADI, J.cadCommon order inW.P. Nos.4298,4310,4317,4323,4328 and 4330 of 202512.02.2025Page Nos.14/14