Madrasdated High Court · 2025

W.P.No.12088 of 20255.The Sub-CollectorChidambaram, Cuddalore District.6.The Revenue TahsildarChidambaram TalukCuddalore District....Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Eviction order dated 28.03.2025 in Na.Ka.A1.No.155/2025 under Section 6 of the Tamil Nadu Land Encroachment Act III of 1905 issued by the 6th respondent and forbearing the respondents officials from interfering with petitioner's peaceful possession of the properties with respect to the lands covered under the aforesaid order.For Petitioner : Mr.S.SaravanakumarFor Respondents:Mr.T.K.SaravananAdditional Government PleaderO R D E R[Order of the Court was made by M.SUNDAR, J.,]Captioned 'Writ Petition' {'WP' for the sake of brevity} has been filed inter alia assailing a 'notice / order dated 28.03.2025 bearing reference No.Na.Ka.A1/155/2025 issued by R6' {hereinafter 'impugned order' for the sake of convenience and clarity}.Page Nos.2/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 20252. Mr.S.Saravanakumar, learned counsel on record for writ petitioner, adverting to the impugned order submits that the same has been made under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} after issue of notice under Section 7 of said 1905 Act and writ petitioner's response. Learned counsel submits that vide Section 11(1) of said 1905 Act, the writ petitioner has 30 days time to prefer a statutory appeal to R3 qua impugned order but in the impugned order, the writ petitioner noticee has been called upon to remove the alleged encroachment by 07.04.2025. Therefore, the writ petitioner is under imminent threat of dispossession / demolition and that has necessitated the captioned main WP which has been filed urgently is learned counsel's further say.3. Issue notice to respondents.4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for all six respondents and submits that the impugned order has been made by R6 as according to R6 the writ petitioner is an encroacher and the cut off date qua removal of encroachment has been fixed as 07.04.2025 as there are multiple encroachers and different orders bearing different dates Page Nos.3/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025have been made under Section 6 of said 1905 Act.5. This Court finds that the scope of the captioned main WP is very limited and therefore, with the consent of learned counsel for writ petitioner and learned State Counsel, main WP is taken up in the Admission Board itself.6. There cannot be two ways about the point that the impugned order fixing 07.04.2025 as the date by which the writ petitioner should remove the alleged encroachment (when 30 days time is available to the writ petitioner for preferring statutory appeal) is clearly incorrect as it amounts to abridging 30 days time period provided to a noticee qua an order under Section 6 of said 1905 Act to prefer a statutory appeal under Section 10 of said 1905 Act. R6 can certainly not abridge the time frame provided in the Statute. It is impermissible nay a illegality as it also amounts to neutralizing the statutory appeal remedy.7. However, learned counsel for writ petitioner very fairly submitted that that writ petitioner has already preferred a statutory appeal dated 01.04.2025 along with a stay petition under Section 10-B of said 1905 Act. A scanned reproduction of the appeal and stay petition (as placed before this Page Nos.4/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Court is as follows:Page Nos.5/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.6/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.7/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.8/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.9/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.10/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.11/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.12/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.13/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Page Nos.14/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 20258. It is only appropriate that coercive action, if any and if at all that be so can be only after disposal and subject to orders in the stay petition (petition under Section 10-B of said 1905 Act) to be made by R3.9. To be noted, learned counsel has placed before us postal receipt to demonstrate that the captioned statutory appeal together with stay petition has been mailed to R3 on 01.04.2025 itself.10. In the light of the narrative, discussion and dispositive reasoning set out supra, following order is made:(i) Impugned order being order dated 28.03.2025 bearing reference No. Na.Ka.A1/155/2025 made by R6 is not set aside or quashed by issue of writ of certiorari;(ii) This Court directs R3 to take up the afore-referred stay petition under Section 10-B of said 1905 Act and dispose of the same as expeditiously as the business of R3 would permit. However, learned State Counsel, on instructions submits that the stay petition would be disposed of Page Nos.15/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025within three weeks from today i.e., on or before 25.04.2025. This submission is recorded as an undertaking given to this Court;(iii) The decision in the stay petition made by R3 shall be communicated to the writ petitioner under due acknowledgment within five working days from the date of the order;(iv) If the order is adverse to the writ petitioner/appellant, the same shall be kept in abeyance for a fortnight from the date of service of stay petition order on the writ petitioner so as to enable the writ petitioner to work out remedies available to the writ petitioner in law;(v) Coercive action, if any and if that be so shall be subject to and depending on orders in the stay petition subject of course to aforesaid directive to keep it in abeyance for a fortnight, if it is adverse to the writ petitioner;Page Nos.16/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025(vi) This Court makes it clear that not issuing certiorari and not quashing the impugned order made by R6 shall not be construed as the order being sustained on merits. This Court has not expressed any view or opinion on the merits of the matter much less about the alleged encroachment and correctness or otherwise of the impugned order as the same has to be tested by R3 in the statutory appeal;(vii) As regards the main statutory appeal, we have not fixed any time frame as disposal of main appeal will depend on the official business of R3 (District Collector);(viii) Though obvious, this Court makes it clear that all questions are left open for being canvassed in the statutory appeal.Page Nos.17/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025Captioned main WP disposed of in the aforesaid manner. As we have made it clear that coercive action, if any and if that be so, shall be subject to and depending on the outcome in the stay petition which in turn shall be kept in abeyance for a fortnight, if it is adverse to the writ petitioner, captioned WMP for stay has become otiose and the same is being disposed of as closed. There shall be no order as to costs.[M.S.,J.][K.G.T.,J.] 04.04.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking order / Non-speaking ordermkPS: Though the captioned main WP is disposed of, we requisition a report from R4 (by 21.04.2025) as to why R6 has fixed 07.04.2025 as the date for removing alleged encroachment when 30 days time is available for writ petitioner to prefer a statutory appeal. We also direct R6 to remain present in this Court when the matter is next listed under the cause list caption 'FOR REPORT' which will be on 21.04.2025.Page Nos.18/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025To1.The Additional Chief Secretary to GovernmentEzhilagam, ChepaukChennai-600 005.2.The Commissioner of Land AdministrationEzhilagam, ChepaukChennai-600 005.3.The District CollectorCuddalore District CollectorateCuddalore.4.The District Revenue OfficerCuddalore District.5.The Sub-CollectorChidambaram, Cuddalore District.6.The Revenue TahsildarChidambaram TalukCuddalore District.Page Nos.19/20 https://www.mhc.tn.gov.in/judis W.P.No.12088 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mkW.P.No.12088 of 202504.04.2025(4/4)Page Nos.20/20