Madrasdated High Court · 2025

W.P.No.13373 of 2025 Mamallapuram – 603 1045. The Revenue Inspector Mamallapuram – 603 104 6. Thiru.P.N.Rajkumar Son of Thiru.P.C.Natarajan No.36, School Street Poonjeri Vilage Mamallapuram Town Panchayat Thirukkazhukundram Taluk Chengalpattu District – 603 1047. The Commissioner of Land Administration Ezhilagam Chepauk Chennai – 600 005 ... Respondents (R6 and R7 suo motu impleaded vide this order) Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records leading to the issuance of the impugned order dated 02.04.2025 bearing Na.Ka.No.864/2024/M2 passed by the third respondent and quash the same.For Petitioner : Mr.B.Arvind Srevatsain both WPsFor Respondents :Mr.T.K.SaravananAdditional Government Pleaderfor R1 to R5 and R7Ms.J.Sobiyafor Mr.S.Angamuthu for R6O R D E RPage Nos.2/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025[Order of the Court was made by M.SUNDAR, J.,]When the matter was taken up, Mr.B.Arvind Srevatsa, learned counsel on record for the writ petitioner, who was before us, submitted that the captioned matter is governed by order dated 08.04.2025 in W.P.Nos.12628 and 12632 of 2025 made by this Court. This matter arises out of the same factual matrix is learned counsel's further say.2. Issue notice to respondents.3. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for respondents and agrees with learned counsel for writ petitioner that captioned matter is directly and squarely covered by afore-referred order dated 08.04.2025 in W.P.Nos.12628 and 12632 of 2025. Therefore, we deem it appropriate to implead Thiru.P.N.Rajkumar, son of Thiru.P.C.Natarajan as R6 and Ms.J.Sobiya (Enrollment No.205/20) representing Mr.S.Angamuthu (Enrollment No.1771/09) with address for service at No.134 and 135, 2nd Floor, Broadway Road, Chennai – 600 104 accepts notice for R6. Learned counsel for R6 also submits that captioned matter is directly and squarely covered by afore-referred order dated Page Nos.3/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 202508.04.2025, which reads as follows:Page Nos.4/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.5/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.6/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.7/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.8/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.9/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.10/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.11/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.12/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.13/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.14/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 20254. We find that following points are necessary for better appreciation of this order:i) Writ petitioner was visited with a notice signed on 26.03.2025 by R5, which is a notice under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity};ii) Writ petitioner responded to the afore-referred notice by way of a response dated 28.03.2025 captioning and styling Page Nos.15/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025the same as 'INTERIM REPLY-PRELIMINARY OBJECTION';iii) Considering the aforementioned interim reply-preliminary objection, R3 has made an order dated 02.04.2025 bearing reference e/f/vz;/864-2024-M2 which in effect is an order under Section 6 of said 1905 Act;iv) In the light of the aforementioned order dated 08.04.2025 in W.P.Nos.12628 and 12632 of 2025, the afore-referred Section 7 notice which is in the nature of a show-cause notice and the order dated 02.04.2025 made by R3, which is an order under Section 6 of said 1905 Act, will now stand telescoped into the statutory revision (to be filed by the writ petitioner under Section 10-A of said 1905Act); v) To be noted, the revisional authority is 'Commissioner of Land Administration' ('CLA' for the sake of brevity). Therefore, we suo motu implead CLA as R7 and Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R7 also;vi) This Court makes it clear that it is open to the writ Page Nos.16/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025petitioner to raise all points raised in the interim reply-preliminary objections dated 28.03.2025 in the statutory revision and Section 6 order under said 1905 Act of R3 dated 02.04.2025 and the same (if raised) will also be tested in the statutory revision by the revisional authority (R7);vii) As already mentioned in the earlier order, if a stay petition under Section 10-B of said 1905 Act is moved before the revisional authority, the same shall be considered on its own merits and in accordance with law;viii) Though obvious we make it clear that the revisional authority shall consider the matter on its own merits and in accordance with law untrammelled / uninfluenced by instant order;ix) Instant order shall now be read as an integral part and parcel of order dated 08.04.2025 in W.P.Nos.12628 and 12632 of 2025, which has been scanned and reproduced supra;ix) Though obvious we deem it appropriate to reiterate that coercive action (if any and if that be so) shall be subject to Page Nos.17/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025orders / proceedings in Section 10-B petition (stay petition) about which there is allusion in our earlier order including a directive to keep in abeyance for specified time, if it is adverse to the writ petitioner. To put it differently, the directive in our earlier order dated 08.04.2025 will govern the proceedings in the statutory revision now too.Captioned main WP 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.)15.04.2025Index : Yes/NoSpeaking order/Non speaking orderNeutral Citation: Yes/NogpaPage Nos.18/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025To1. The District Collector Chengalpattu District Chengalpattu – 603 0012. The Revenue Divisional Officer Chengalpattu Division Chengalpattu – 603 0013. The Tashildar Thirukkazhukundram Taluk Chengalpattu District4. The Executive Officer Mamallapuram Town Panchayat Mamallapuram – 603 1045. The Revenue Inspector Mamallapuram – 603 104 6. The Commissioner of Land Administration Ezhilagam Chepauk Chennai – 600 005Page Nos.19/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,gpaW.P.No.13373 of 202515.04.2025Page Nos.20/20

W.P.No.13373 of 2025 Mamallapuram – 603 1045. The Revenue Inspector Mamallapuram – 603 104 6. Thiru.P.N.Rajkumar Son of Thiru.P.C.Natarajan No.36, School Street Poonjeri Vilage Mamallapuram Town Panchayat Thirukkazhukundram Taluk Chengalpattu District – 603 1047. The Commissioner of Land Administration Ezhilagam Chepauk Chennai – 600 005 ... Respondents (R6 and R7 suo motu impleaded vide this order) Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records leading to the issuance of the impugned order dated 02.04.2025 bearing Na.Ka.No.864/2024/M2 passed by the third respondent and quash the same.For Petitioner : Mr.B.Arvind Srevatsain both WPsFor Respondents :Mr.T.K.SaravananAdditional Government Pleaderfor R1 to R5 and R7Ms.J.Sobiyafor Mr.S.Angamuthu for R6O R D E RPage Nos.2/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025[Order of the Court was made by M.SUNDAR, J.,]When the matter was taken up, Mr.B.Arvind Srevatsa, learned counsel on record for the writ petitioner, who was before us, submitted that the captioned matter is governed by order dated 08.04.2025 in W.P.Nos.12628 and 12632 of 2025 made by this Court. This matter arises out of the same factual matrix is learned counsel's further say.2. Issue notice to respondents.3. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for respondents and agrees with learned counsel for writ petitioner that captioned matter is directly and squarely covered by afore-referred order dated 08.04.2025 in W.P.Nos.12628 and 12632 of 2025. Therefore, we deem it appropriate to implead Thiru.P.N.Rajkumar, son of Thiru.P.C.Natarajan as R6 and Ms.J.Sobiya (Enrollment No.205/20) representing Mr.S.Angamuthu (Enrollment No.1771/09) with address for service at No.134 and 135, 2nd Floor, Broadway Road, Chennai – 600 104 accepts notice for R6. Learned counsel for R6 also submits that captioned matter is directly and squarely covered by afore-referred order dated Page Nos.3/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 202508.04.2025, which reads as follows:Page Nos.4/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.5/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.6/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.7/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.8/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.9/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.10/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.11/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.12/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.13/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025Page Nos.14/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 20254. We find that following points are necessary for better appreciation of this order:i) Writ petitioner was visited with a notice signed on 26.03.2025 by R5, which is a notice under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity};ii) Writ petitioner responded to the afore-referred notice by way of a response dated 28.03.2025 captioning and styling Page Nos.15/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025the same as 'INTERIM REPLY-PRELIMINARY OBJECTION';iii) Considering the aforementioned interim reply-preliminary objection, R3 has made an order dated 02.04.2025 bearing reference e/f/vz;/864-2024-M2 which in effect is an order under Section 6 of said 1905 Act;iv) In the light of the aforementioned order dated 08.04.2025 in W.P.Nos.12628 and 12632 of 2025, the afore-referred Section 7 notice which is in the nature of a show-cause notice and the order dated 02.04.2025 made by R3, which is an order under Section 6 of said 1905 Act, will now stand telescoped into the statutory revision (to be filed by the writ petitioner under Section 10-A of said 1905Act); v) To be noted, the revisional authority is 'Commissioner of Land Administration' ('CLA' for the sake of brevity). Therefore, we suo motu implead CLA as R7 and Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R7 also;vi) This Court makes it clear that it is open to the writ Page Nos.16/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025petitioner to raise all points raised in the interim reply-preliminary objections dated 28.03.2025 in the statutory revision and Section 6 order under said 1905 Act of R3 dated 02.04.2025 and the same (if raised) will also be tested in the statutory revision by the revisional authority (R7);vii) As already mentioned in the earlier order, if a stay petition under Section 10-B of said 1905 Act is moved before the revisional authority, the same shall be considered on its own merits and in accordance with law;viii) Though obvious we make it clear that the revisional authority shall consider the matter on its own merits and in accordance with law untrammelled / uninfluenced by instant order;ix) Instant order shall now be read as an integral part and parcel of order dated 08.04.2025 in W.P.Nos.12628 and 12632 of 2025, which has been scanned and reproduced supra;ix) Though obvious we deem it appropriate to reiterate that coercive action (if any and if that be so) shall be subject to Page Nos.17/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025orders / proceedings in Section 10-B petition (stay petition) about which there is allusion in our earlier order including a directive to keep in abeyance for specified time, if it is adverse to the writ petitioner. To put it differently, the directive in our earlier order dated 08.04.2025 will govern the proceedings in the statutory revision now too.Captioned main WP 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.)15.04.2025Index : Yes/NoSpeaking order/Non speaking orderNeutral Citation: Yes/NogpaPage Nos.18/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025To1. The District Collector Chengalpattu District Chengalpattu – 603 0012. The Revenue Divisional Officer Chengalpattu Division Chengalpattu – 603 0013. The Tashildar Thirukkazhukundram Taluk Chengalpattu District4. The Executive Officer Mamallapuram Town Panchayat Mamallapuram – 603 1045. The Revenue Inspector Mamallapuram – 603 104 6. The Commissioner of Land Administration Ezhilagam Chepauk Chennai – 600 005Page Nos.19/20 https://www.mhc.tn.gov.in/judis W.P.No.13373 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,gpaW.P.No.13373 of 202515.04.2025Page Nos.20/20