✦ High Court of India · 17 Feb 2025

Madrasdated High Court · 2025

Case Details High Court of India · 17 Feb 2025

Court

High Court of India

Decided

17 Feb 2025

Bench

M SUNDAR

Length

3,387 words

Acts & Sections

Constitution of India

W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 20256.The TahsildarGummidipoondi TalukThiruvallur District 601 2017.The Block Development Officer (BDO)Gummidipoondi Union and TalukThiruvallur District 601 2018.The Assistant Engineer (Operation and Maintenance)Tamil Nadu Power Distribution Corporation Ltd.Chennai EDC/NorthMadhavaramMadharpakkamChennaiRespondents in all WPs(R8 suo motu impleaded by Court on 17.02.2025)Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus by calling for the records relating to the fifth respondent in G.O. No.832 F & F Government Department dated 13.07.1881 signed on 08.02.2025 and quash the same and consequently, direct the first respondent to rectify the error or mistake committed while re-settlement by re-classifying the land in S.No.101/3 in Equverpalayam Village, Gummidipoondi Taluk, Thiruvallur District as “Kal Medu” instead of “Reserve Forest” in the 'A' Register by considering the joint representation dated 18.03.2023.Page Nos.2/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025For petitionerMr. A. Navaneethakrishnanin all WPsSr. Counsel for Mr. R.S. AnandanFor RR 1-3 & 6Mr. M.S. Arasakumarin all WPsGovernment AdvocateFor RR 4 & 5Mr. Haja Nazirudeenin all WPsAddl. Advocate General - Iassisted by Dr. T. SeenivasanSpl. Government Pleader (Forest)and Mr. P. HaribabuGovernment AdvocateFor R7Mr. Habeeb Rahman in all WPsGovernment AdvocateFor R8Mr. L. Jai Venkateshin all WPsStanding CounselCOMMON ORDER[made by M.SUNDAR, J.]This common order will now govern the captioned five 'writ petitions' (hereinafter 'WPs' for the sake of brevity) and captioned five writ miscellaneous petitions (hereinafter 'WMPs' for the sake of brevity) thereat. 2.Mr. A. Navaneethakrishnan, learned Senior Counsel instructed by Mr. R.S. Anandan, learned counsel on record for writ Page Nos.3/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025petitioners in all WPs, Mr. Haja Nazirudeen, learned Additional Advocate General - I instructed by Dr. T. Seenivasan, learned Special Government Pleader (Forest) and Mr. P. Haribabu, learned Government Advocate appearing for RR 4 & 5 in all WPs, Mr.M.S. Arasakumar, learned Government Advocate for RR 1-3 & 6 in all WPs and Mr.Habeeb Rahman, learned Government Advocate for R7 in all WPs, are before us.3.Before we proceed further, considering the nature of the submissions made today, we deem it appropriate to implead the Assistant Engineer (Operation and Maintenance), Tamil Nadu Power Distribution Corporation Ltd., Chennai EDC/North, Madhavaram, Madharpakkam, Chennai as R8 in all WPs. 4.Issue notice to R8 also. Mr. L. Jai Venkatesh, learned Standing Counsel, accepts notice for R8. Mr. Haja Nazirudeen, learned Additional Advocate General-I, appears on behalf of learned counsel for R8 also.Page Nos.4/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 20255.This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 14.02.2025 which reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.02.2025 CORAM:THE HON'BLE MR. JUSTICE M. SUNDARANDTHE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADIW.P. Nos.5270, 5284,5286,5302 and 5306 of 2025andW.M.P. Nos.5858, 5852,5861,5877 and 5879 of 2025W.P. No.5270 of 2025:S. BabuPetitionervs.The Commissioner of Land AdministrationChepaukChennai 600 005 and 6 othersRespondentsFor petitioner Mr. A. Navaneethakrishnanin all WPsSr. Counselfor Mr. R.S. AnandanFor RR1 to 6 Mr. M.S. Arasakumarin all WPsGovernment AdvocateFor R7Mr. Habeeb Rahmanin all WPsGovernment AdvocatePage Nos.5/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025COMMON ORDERCaptioned writ petitions have been filed assailing notices under Section 68-A of 'the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882)' (hereinafter 'said Act' for the sake of brevity).2.Mr. A. Navaneethakrishnan, learned Senior Counsel, instructed by Mr. R.S. Anandan, learned counsel on record for writ petitioners, submits that prior to the impugned notices, the writ petitioners were served with notices vide 68-A(a) {mentioned as 68-A in notices) being notices dated 18.11.2023 and writ petitioners sent a joint representation (in response to the same) being representation dated 20.11.2023 but the representation has not been considered.3.Issue notice to respondents.4.Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for RR 1 to 6 and Mr. Habeeb Rahman, learned Government Advocate, accepts notice for R7 and request for a short accommodation to get instructions on whether the representation of the writ petitioners has been considered as contemplated under Section 68-A(b) of said Act.5.Request acceded to.6.List on 17.02.2025 (Monday) in the Admission Board i.e., Motion List, under the cause list caption 'NOTICE REGARDING ADMISSION'.7.In the interregnum, let status quo as of today shall be maintained.8.List on 17.02.2025 (Monday), as directed in paragraph 6, supra.(M.S., J.) (K.G.T., J.)14.02.2025'Page Nos.6/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 20256.Main WPs were taken up with the consent of the learned counsel on both sides.7.We find that the 'impugned notices' i.e., notices dated 08.02.2025 issued by R5 (Forest Range Officer, Gummidipoondi Forest Range, Madarpakkam Village & Post) refers to an order dated 07.02.2024 (made by Madras High Court). Learned Additional Advocate General, in his usual fairness, submitted that correct reference is dated 31.08.2023 in W.P.No.25714 of 2023. We deem it appropriate to extract and reproduce the 31.08.2023 order in W.P.No.25714 of 2023 and the same is as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 31.08.2023CORAM :THE HON-BLE MR.JUSTICE S.VAIDYANATHANANDTHE HON-BLE MR.JUSTICE K.RAJASEKARW.P.No.25714 of 2023K.Yougandhar .. PetitionerVs.1.The District Collector, Thiruvallur District~601 201.2.The Sub Collector, Ponneri Post and Taluk, Thiruvallur District~601 201.3.The District Forest Officer (DFO), Thiruvallur District~601 201.Page Nos.7/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 20254.The Tashildar, Gummidipoondi Taluk, Thiruvallur District~601 201.5.The Divisional Engineer, Electricity Department, Ponneri Post and Taluk, Thiruvalur District~601 201.6.The Block Development Officer (BDO), Gummidipoondi Union and Taluk, Thiruvallur District~601 201.7.M.Babu8.M.Somu9.M.S.Mohan10.M.Dasaratha Raju11.K.Madhava Raju12.N.Bala Raju13.N.Subramaniam Raju14.M.Ramachandra Raju15.K.Mohan Raju16.M.Narasa Raju17.G.Subramaniam Yadhav18.K.O.Mani19.K.Eswari20.K.O.Subramaniam Raju21.K.O.Jaya Kumar22.K.Mani23.K.Venkata Rama Raju24.M.Chandar Raju25.K.Ramakrishnamma Raju26.N.Dhananjay Raju27.K.P.Chengal Raju28.K.P.Poorana Chandar Raju29.M.Shankar Raju30.K.Babu s/o K.Krishnamma Raju31.M.Mageswar Raju32.K.Sobha33.K.P.Mani34.RamyaPage Nos.8/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 202535.R.Mohan36.D.Yuva Kumar37.D.Vekataram Raju38.K.Babu s/o K.Chengal Raju.. RespondentsPrayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 6 to remove the encroachments in S.No.101/3, Melapakkam Village, Eguvarpalayam Post, Gummidipoondi Taluk, Thiruvallur District, put up by respondents 7 to 38 and take appropriate action against them for felling the trees and encroaching the forest land.For the PetitionerMr.R.Udhaya Kumar For the RespondentsMr.P..MuthukumarState Government Pleaderfor respondent Nos.1 to 6ORDER(Order of the court was made by S.Vaidyanathan, J.)The present writ petition has been filed by the petitioner for issuance of a writ of mandamus to direct respondents 1 to 6 to remove the encroachments made by respondents 7 to 38 in S.No.101/3 situated at Melapakkam Village, Gummidipoondi Taluk.2. Since we are not passing any adverse order against respondent Nos.7 to 38 in the present writ petition, notice to respondent Nos.7 to 38 is dispensed with.3. It is submitted on behalf of the petitioner that though steps have been initiated to remove the encroachments made in the forest land in Survey No.101/3 as early as October, 2020 by issuance of eviction notice under Section 68A of the Tamil Nadu Forest Act, 1882, the removal has not taken place till date. Hence, the petitioner has filed the present writ petition to remove the encroachments made in Survey No.101/3.Page Nos.9/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 20254. A copy of “A“ register in respect of Survey No.101/3 has been produced. On a perusal of the “A“ register, it is seen that Survey No.101/3 has been classified as “Reserve Forest“. Since Survey No.101/3 has been classified as “Reserve Forest“, we are of the view that no one has power to squat on the said forest land. 5. It is also stated that earlier when action was initiated to evict the encroachers from the said forest land, the encroachers have raised law and order issue.6. Since Survey No.101/3 is classified as ?Reserve Forest? and the same is alleged to be encroached by the private respondents, we direct the authority concerned to take steps to remove the encroachments made in Survey No.101/3 in accordance with law, after affording reasonable opportunity to the affected parties, within a period of three months from the date of receipt of a copy of this order. In the course of removal of encroachments, if the authority concerned finds any law and order issue, the authority can very well write to the jurisdictional police, who are, in turn, directed to render necessary police assistance for removal of encroachments.7. We direct the officials to adhere to the decision in W.P.(MD) No.16120 of 2023, dated 30.08.2023 (N.Sankar v. The Principal Secretary, Town and Country Planning, Government of Tamil Nadu and three others) to avoid disciplinary proceedings being initiated against them.8. With the above direction, the writ petition is disposed of. There will be no order as to costs. We make it clear that we have not passed any adverse order against the private respondents, as it is for the authority concerned to take necessary action against the encroachers in accordance with law.(S.V.N., J.) (K.R.S., J.) 31.08.2023'8.The significant part of aforementioned 31.08.2023 order is, it directs action in accordance with law 'after affording reasonable opportunity to the affected parties'. We are informed that the five writ Page Nos.10/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025petitioners in the instant WPs are RR 7, 8, 22, 23 and 36 in aforereferred W.P.No.25714 of 2023.9.Learned Senior Counsel for writ petitioners submits that the writ petitioners have submitted an application for re-classification of the lands forming subject matter of captioned five WPs. To be noted, lands forming subject matter of captioned five WPs are comprised in S.No.101/3 in Equverpalayam Village, Gummidipoondi Taluk, Thiruvallur District (hereinafter 'said lands' for the sake of convenience and clarity).10.Learned Senior Counsel for writ petitioners submits that the re-classification plea is for re-classification of said lands as fy; nkL. (To be noted, it appears that they have been classified as 'reserve forest'). In this regard, learned Senior Counsel for petitioners draws our attention to an order dated 11.01.2024 in W.P.No.525 of 2024 and the same reads as follows:Page Nos.11/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11.01.2024CORAM :THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICEANDTHE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.525 of 20241. M.S.Chengal Raju2. Ramakrishnama Raju3. N.Subramani Raju4. K.Mohan Raju5. Narasa Raju6. Narayanamm7. K.Easwari8. K.Mani9. N.Rajesh10. N.Subramaniyan11. D.Babu12. R.Mohan Raju13. Venkataramaraju14. M.Vijaya15. N.Dhanamjayulu16. A.Venkatesulu17. D.Praveena18. M.Chandra Raju19. Nagan Elumalai20. K.Poornachandra Raju21. M.Ramachandran22. K.Mahadavan23. M.Somu24. M.Babu25. S.Babu26. Ramya27. Yasvanth28. K.C.Subramani29. D.Venkatarama Raju30. Sankara Raju31. K.Chensurama Raju32. Krishnamoorthy33. S.Suresh34. SubramaniPage Nos.12/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 202535. K.C.Mani36. Shoba .. PetitionersVs.1. The Commissioner of Land Administration Chepauk, Chennai - 600 005.2. The Principal Secretary and commissioner Survey and Settlement Department Chepauk, Chennai – 600 005.3. The District Collector Thiruvallur District - 601 201.4. The District Forest Officer (DFO) Thiruvallur District - 601 201.5. The Forest Range Officer Gummidipondi Forest Range Madarpakkam Village & Post Pin Code - 601 202 Thiruvallur District.6. The Tahsildar Gummidipoondi Taluk Thiruvallur District - 601 201.7. The Block Development Officer (BDO) Gummidipoondi Union and Taluk Thiruvallur District - 601 201... RespondentsPrayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent herein to rectify the error or mistake committed while resettlement by reclassifying the land in S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Tiruvallur District as 'KAL MEDU' (Rathi Boomilu) instead of 'Reserve Forest' in the 'A' Register by considering the joint representation of the petitioner dated 18.03.2023.Page Nos.13/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025For the Petitioners:Mr.R.S.Anandan For the Respondents:Mr.A.SelvendranSpecial Government Pleaderfor R1 to R3, R6 and R7Mr.J.RavindranAdditional Advocate Generalassisted by Mr.S.J.Mohd. SathikGovernment Advocate (Forest)for R4 and R5ORDER(Made by the Hon-ble Chief Justice)Heard Mr.R.S.Anandan, learned counsel for the petitioners, Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 3, 6 and 7 and Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.S.J.Mohd. Sathik, learned Government Advocate (Forest) for respondents 4 and 5.2. Learned counsel for the petitioners submits that representation has been given for correction of mistake in the reclassification of land in S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Tiruvallur District. The representation is given on 18.03.2022.3. Learned Additional Advocate General submits that the land encroachment eviction notice, under Section 68-A of the Tamil Nadu Forest Act, 1882, is already issued to the petitioners on 18.11.2023.4. Learned counsel for the petitioners submits that reply has been filed to the said notice. 5. The notice dated 18.11.2023, issued by the Forest Range Officer, is a show-cause notice and the same will have to be decided on its own merits, considering the reply filed by the petitioners. The petitioners can raise all possible defense available to them by filing a reply to the show-cause notice. Page Nos.14/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 20256. As far as reclassification of the land is concerned, it is for the first respondent to consider the same on its own merits and if such application is filed, the first respondent shall consider the same on its own merits and in accordance with the law and policy. 7. In light of the above, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.531 and 532 of 2024 are closed. (S.V.G., CJ.) (D.B.C., J.) 11.01.2024' 11.The above order directs 18.03.2023 re-classification application (date is seemingly wrongly stated as 18.03.2022) to be considered by R1 on its own merits and in accordance with law and policy. This Court is informed by learned counsel on both sides that four out of five writ petitioners in the captioned WPs are petitioners in aforereferred W.P.No.525 of 2024 and they are petitioner nos.8,13,23 and 25.12.In the aforesaid backdrop, pursuant to 31.08.2023 order in W.P.No.25714 of 2023, a notice dated 18.11.2023 was issued is learned State counsel's say. This notice says that it is under Section 68-A(a) of 'the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882)' (hereinafter 'said Act' for the sake of brevity). In response to this 18.11.2023 notice, writ petitioners have sent a joint Page Nos.15/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025representation dated 20.11.2023. This means that the joint representation has to be duly considered by the officer concerned vide Section 68-A(b) of said Act is his further say. We deem it appropriate to extract and reproduce the entire Section 68-A of said Act and the same reads as follows:'68-A.Liability of person unauthorisedly occupying any land in reserved forest, etc. to summary eviction.-- Any person unauthorisedly occupying any land in reserved forest or any land at the disposal of Government may be summarily evicted by an officer of Forest Department not below the rank of Forest Ranger or an Officer of the Revenue Department not below the rank of Tahsildar, having jurisdiction over the area in which such land is situated, in such manner as may be prescribed and any crop or other product raised on such land, shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also be liable to forfeiture. Forfeiture under this section, shall be adjudged by the officer referred to above and any property so forfeited, shall be disposed of in such manner as may be prescribed:Provided that no eviction or adjudication under this section adversely affecting a person shall be made or adjudged, unless--(a)such person has been given a notice in such manner as may be prescribed; and(b)the representation, if any, received in pursuance of such notice has been duly considered by such officer concerned.'13.Though both sides argued on the basis that aforereferred Section 68-A of said Act is operating, this Court finds that there is serious doubt about this position. The reason is, Section 68-A of said Page Nos.16/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025Act has been introduced/included by way of an Amendment Act and that Amendment Act is, 'The Tamil Nadu Forest (Amendment) Act, 1981 (Tamil Nadu 41 of 1981)' (hereinafter 'Amending Act 41' for the sake of brevity) but on research made by this Court, it appears that Amending Act 41 has been repealed by the Tamil Nadu Repealing (Second) Act, 2023 (Act 13 of 2023) which came into force on 03.05.2023. If this is the position, reference to Section 68-A in the notices dated 18.11.2023 and impugned notices dated 08.02.2025 is debatable. However, this question is left open and there cannot be two ways about the principle that alleged encroachers, in cases of the nature at hand (to be noted, they are dwelling houses) have to be show caused / given an opportunity before demolition, as laid down by Hon'ble Supreme Court in In Re.Directions in the matter of demolition of structures reported in 2024 SCC OnLine SC 3291.14.The learned State counsel very fairly submits that there is a procedural irregularity as the writ petitioners / noticees having been show caused/have responded vide representation dated 20.11.2023 and the same is yet to be considered.Page Nos.17/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 202515.In the light of the narrative thus far, to give a complete quietus and with the intention of comprehensively dealing with the matter, we deem it appropriate to make the following order:(i)Re-classification application dated 18.03.2023 made by the writ petitioners and others qua S.No.101/3 in Equverpalayam Village, Gummidipoondi Taluk, Thiruvallur District (to re-classify as 'kal medu' instead of 'reserve forest') shall be considered by R1 on its own merits and in accordance with law as per order dated 11.01.2024 in W.P.No.525 of 2024 and a decision shall be taken as expeditiously as the business of R1 would permit but in any event within six weeks from today i.e., on or before 31.03.2025;(ii)Thereafter, R5 shall take up writ petitioners' response dated 20.11.2023 (response to 18.11.2023 notices in the form of representation) and consider the same inter alia in the light of the decision of R1 qua re-classification application dated 18.03.2023 and decide as expeditiously as the business of R5 would permit but in any event within another six weeks thereafter i.e., on or before 12.05.2025;(iii)aforereferred orders of R1 as well as R5 shall be served on the writ petitioners under due acknowledgment;Page Nos.18/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025(iv)The electricity supply which has been disconnected to writ petitioners' dwelling houses situate in said lands shall now be restored forthwith as fairly assured by learned Additional Advocate General, on instructions, in this regard. R8 to ensure that needful is done in regard to restoration of electricity connection to writ petitioners' dwelling houses; (v)All the rights and contentions of the writ petitioners are preserved in the event of orders to be made by R1 in the re-classification application dated 18.03.2023 and orders to be made by R5 being adverse to the writ petitioners and same being assailed, if they are so advised and if so desired. This is owing to the fact that we make it clear that we have not expressed any view or opinion on the merits of the matter, with regard to re-classification; and(vi)Though obvious, we make it clear that any coercive action will be subject to and depending on orders to be made by R5 in the aforesaid manner.Page Nos.19/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 202516.Captioned 5 WPs stand disposed of in the aforesaid manner. Consequently, captioned WMPs thereat are disposed of as closed. There shall be no order as to costs.(M.S., J.) (K.G.T., J.)17.02.2025cadIndex:Yes/NoNC:Yes/NoPage Nos.20/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025To1.The Commissioner of Land AdministrationChepaukChennai 600 0052.The Principal Secretary and CommissionerSurvey and Settlement DepartmentChepaukChennai 600 0053.The District CollectorThiruvallur District 601 2014.The District Forest Officer (DFO)Thiruvallur District 601 2015.The Forest Range OfficerGummidipoondi Forest RangeMadarpakkam Village & Post 601 202Thiruvallur District6.The TahsildarGummidipoondi TalukThiruvallur District 601 2017.The Block Development Officer (BDO)Gummidipoondi Union and TalukThiruvallur District 601 2018.The Assistant Engineer (Operation and Maintenance)TNPDCLChennai EDC/NorthMadhavaramMadharpakkamChennaiPage Nos.21/22 https://www.mhc.tn.gov.in/judis W.P. Nos.5270, 5284, 5286, 5302 and 5306 of 2025M.SUNDAR, J.andK. GOVINDARAJAN THILAKAVADI, J.cadW.P. Nos.5270, 5284, 5286, 5302 and 5306 of 202517.02.2025Page Nos.22/22

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