Madrasdated High Court · 2025

W.P.No.6717 of 2025(R4 to R6 impleaded suo motu vide order dated 26.02.2025 in W.P.No.6717 of 2025)Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records bearing Na.Ka.No.3536/2024/E1 dated 10.02.025 issued by the second respondent herein and quash the same.For Petitioner : Mr.K.S.Viswanathan,Senior Counselfor Ms.T.HemalathaFor Respondents:Mr.T.K.Saravanan,Additional Government Pleaderfor R1, R2, R4 and R5Mr.I.Syed Sibghatulla,Standing Counsel for R3Mr.A.Gokulakrishnan,Additional Public Prosecutor for R6Ms.Poongkhulali,Advocate CommissionerORDER[Order of the Court was made by M.SUNDAR, J.,]This order will now dispose of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) and captioned 'Writ Miscellaneous Petition' (hereinafter 'WMP' for the sake of brevity) thereat.Page Nos.2/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 20252. This order has to be read in conjunction with and in continuation of earlier proceedings made in the listing on 26.02.2025 which reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 26.02.2025CORAMTHE HON'BLE MR.JUSTICE M.SUNDARandTHE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.6717 of 2025and W.M.P.No.7373 of 2025A.C.R.Rajganesan.. Petitioner Vs.1.The District Collector, Salem District, Salem-636 001.2.The Commissioner, Attur Municipality, Salem - 636 102.3.The Assistant Engineer, TNEB South Attur Town, Salem Circle, Salem District.4.The Tahsildar, Attur Taluk, Salem District.5.The Town Surveyor, Attur Municipality, Salem District.Page Nos.3/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 20256.The Superintendent of Police, Salem District. [R4, R5 and R6 suo motu impleaded vide this order].. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari or any other appropriate writ, order or direction in the nature of a writ to call for the records bearing e/f/vz;.3536/2024/,1 dated 10.02.2025 issued by second respondent herein, quash the same and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.For Petitioner: Mr.K.S.Viswanathan, Senior Counsel instructed by Ms.T.HemalathaFor Respondents : Mr.T.K.Saravanan, Additional Government Pleader for RR1,2,4 and 5 Mr.E.Raj Thilak, Additional Public Prosecutor for R6 Mr.I.Syed Sibghatulla, Standing Counsel for R3- - - - ORDER(Order of the Court was made by M.SUNDAR, J.)Subject matter of captioned writ petition is 'land comprised in Town Survey No.72 of Block No.7, Ward F, Attur Municipality, Salem District' [hereinafter 'said land' for the sake of brevity, convenience and clarity].2.Chronology of events is as follows:Page Nos.4/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025Sl.No.DateEvents/Description130.12.2024Notice from R2 {notice says, it is under Section 128 of 'the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)' [hereinafter TNULB Act' for the sake of brevity] but it has not show caused writ petitioner / noticee}208.01.2025Writ petitioner sent representation in response to section 128 notice.329.01.2025Respondents have entered upon said land and marked boundaries.431.01.2025W.P.No.3742 of 2025 filed by writ petitioner assailing section 128 notice was disposed of by Division Bench permitting further representation to be made in response to section 128 notice and directing R2 to pass final order [obviously under proviso to section 128(1)(b)]505.02.2025Further representation sent by writ petitioner pursuant to WP order610.02.2025Impugned order passed by R23.Mr.K.S.Viswanathan, learned Senior Counsel instructed by Ms.T.Hemalatha, counsel on record for writ petitioner is before this Court. Learned Senior counsel submits that there is a 'Goshala' in said land and the Bovines are under imminent threat of being orphaned.4.Issue notice. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for RR1 and 2. Mr.I.Syed Sibghatulla, learned Standing Counsel for TANGEDCO accepts notice for R3.Page Nos.5/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 20255.Mr.T.K.Saravanan, learned Additional Government Pleader on instructions submits that 'Goshala' of writ petitioner is in S.No.65 and not in said land. Learned State counsel submits that said land is required for setting up a STP [Sewage Treatment Plant] which is very essential for local citizenry. Writ petitioner is present in Court. On instructions, learned senior counsel submits that 'Goshala' is situate in S.No.72 only and it is also submitted that if some breathing time is provided, writ petitioner will shift Bovines by finding a alternate place. In view of this fair submission and considering the facts and circumstances of the case, we deem it appropriate to appoint a Advocate Commissioner to ascertain if the 'Goshala' is in S.No.72 or in S.No.65. We appoint Ms.Poongkhulali, Advocate [Enrolment No.1373/2009], residing at M-1, Vadhula, No.18, Brindavan Street, Mylapore, Chennai-600 004, mobile No.9176568368, as Advocate Commissioner. 6.We request learned Advocate Commissioner to visit said land as well as S.No.65 and areas in and around and submit a report about where exactly the 'Goshala' is located and other details such as how many Cows are housed, etc., For this purpose, we suo motu implead (1) the Tahsildar, Attur Taluk, Salem District; (2) the Town Surveyor, Attur Municipality, Salem District and (3) the Superintendent of Police, Salem District as R4, R5 and R6. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R4 and R5 and Mr.Raj Thilak, learned Additional Public Page Nos.6/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025Prosecutor, accepts notice for R6. 7.R4 and R5 are directed to provide all assistance to Advocate Commissioner to carry out the aforementioned exercise. R6 shall depute requisite force to ensure that Advocate Commissioner is able to carry out the task smoothly. Learned Advocate Commissioner submits that she will visit the said land on 02.03.2025 (Sunday). We requisition a report from the Advocate Commissioner by 04.03.2025. We fix the remuneration and expenses for the Advocate commissioner at Rs.60,000/- (Rupees sixty thousand only) which the writ petitioner undertakes to pay forthwith. Learned Advocate Commissioner shall make her own arrangements for travel and stay, all of which will be included in this Rs.60,000/-. Depending on the work involved, if necessary this Court may order additional remuneration.8.List on 05.03.2025. The impugned order shall be kept in abeyance between today and the next listing. (M.S., J,) (K.G.T., J.) 26.02.2025 '3. Aforereferred 26.02.2025 proceedings/orders shall now be Page Nos.7/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025read as an integral part and parcel of this order. This also means that the short forms, abbreviations and short references used in the 26.02.2025 proceedings/orders shall continue to be used in the instant order also.4. Post 26.02.2025 proceedings/orders, the following happened/emerged:4.1 learned Advocate Commissioner visited the site on 02.03.2025, in the presence of both sides, after discussions, the area was surveyed photographs were taken. This exercise commenced at 10.15 a.m. and concluded at 3.30 p.m.;4.2 Learned Advocate Commissioner has placed before us a report dated 18.03.2025 together with annexures;4.3 Both sides i.e., writ petitioner as well as Page Nos.8/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025respondents say that they have no objection to the Advocate Commissioner's report. In other words, both sides accept the Advocate Commissioner's report;4.4 There are 15 adults as regards the bovines and 8 heifers ;4.5 There is no commercial activity i.e., dairy products are not being sold;4.6 A scanned reproduction of the sketch placed before us by the learned Advocate Commissioner is as follows:Page Nos.9/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025Page Nos.10/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 20254.7 Both sides accept the above to be a correct and accurate depiction of the topograph. This sketch shall be referred to as 'said sketch' and this will form basis for the order which we are now making;4.8 Electricity and water connections (source located in Survey No.72) which have admittedly been disconnected shall be reconnected forthwith; We are only saying status quo ante with regard to electricity connection and drawing of water but all other questions in this regard are left open for both sides;4.9 Survey No.72 admeasures 4 acres 10 cents (4.10 acres in all). From and out of this, 3 acres entirely on the northern side shall be handed over by writ petitioner/taken over by R2 forthwith. The remaining 1.10 acres i.e., 1 acre and 10 cents on the southern side abutting Survey No.65 will be available for the writ petitioner for the bovines to graze till 31.10.2025;4.10 In the three acres in Survey No.72 in northern Page Nos.11/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025side, the respondents can commence STP constructions activities forthwith;4.11 Survey No.65 admeasuring 64 ½ cents which is also Government land and now being used by the writ petitioner can be continued to be used by the writ petitioner till 31.10.2025 by which time the writ petitioner shall relocate the bovines;4.12 As regards the writ petitioner's access to Survey Nos. 71 and 67 which are patta lands of the writ petitioner, the same is inter-alia via Survey No.65, writ petitioner shall make an application to R1 inter-alia in compliance with G.O.(Ms) No.201 Revenue and Disaster Management Department, Land Disposal Wing, LD3(1) Section dated 10.05.2022 within a fortnight from today i.e., on or before 15.04.2025;4.13 The above mentioned application shall be decided by the State as expeditiously as the business of authorities concerned would permit i.e., on or before 31.07.2025;Page Nos.12/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 20254.14 If access is granted, the writ petitioner shall handover Survey No.65 also entirely to the State by 31.10.2025;4.15 If the access is not granted, it will be open to the writ petitioner to assail the same and pursue other remedies. Writ petitioner will not be bound by 31.10.2025 deadline as regards Survey No.65 in such a scenario. Equally State can also commence removal of encroachments proceedings qua Survey No.65. All questions are left open and all rights and contentions of both sides are preserved;4.16 As regards 1.10 acres on the southern side of Survey No.72 in which bovines are permitted to graze, the same shall also be handed over by writ petitioner/taken over by R2 by 31.10.2025;4.17 With regard to the above, writ petitioner has filed an affidavit of undertaking dated 01.04.2025 and a scanned reproduction of the same is as follows:Page Nos.13/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025Page Nos.14/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025Page Nos.15/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025Page Nos.16/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 20254.18 vide paragraph 7 of our earlier proceedings/orders dated 26.02.2025, we had fixed Rs.60,000/- as remuneration and expenses for the learned Advocate Commissioner. It is confirmed that this has been paid to the learned Advocate Commissioner by the writ petitioner. Considering the nature of the work involved, travel, report that has been placed before us together with annexures and the assistance provided by the learned Advocate Commissioner in the hearings, we deem it appropriate to fix final remuneration and expenses of Rs.30,000/-, which sum shall be paid to the learned Advocate Commissioner by the writ petitioner within one week from today i.e., on or before 08.04.2025.5. Before we conclude, it is made clear that this order has been made considering the peculiar facts and circumstances of the case and therefore, the same shall not serve as a precedent in all and every matter of removal of encroachment.Page Nos.17/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 20256. This Court places on record its appreciation for the good work done by the learned Advocate Commissioner and the able assistance rendered by the learned Advocate Commissioner to the Court in the hearings.7. Captioned WP is disposed of in the aforesaid manner. Consequently, captioned WMP thereat is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 01.04.2025Index : Yes / NoNeutral Citation : Yes/No mmiTo1.The District Collector, Salem District, Salem – 636 001.2.The Commissioner, Attur Municipality, Salem – 636 102.Page Nos.18/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 20253.The Assistant Engineer, TNEB South Attur Town, Salem Circle, Salem District.4.The Tahsildar, Attur Taluk, Salem District.5.The Town Surveyor, Attur Municipality, Salem District.6.The Superintendent of Police, Salem District. Page Nos.19/20 https://www.mhc.tn.gov.in/judis W.P.No.6717 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mmi W.P.No.6717 of 202501.04.2025Page Nos.20/20