High Court · 2025

W.P.No.14112 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 22.04.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.14112 of 2025andW.M.P No.15861 of 2025 in W.P. No.14112 of 2025N.Kubendran rep. By his Power Agent and SonK.Tamilselvan... Petitioner vs.1.The Secretary to Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, St. George Fort, Chennai – 600 009.2.The District Collector, Thiruvannamalai District, Thiruvannamalai.3.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.4.The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai.5.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.Page Nos.1/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20256.The Revenue Inspector, Thiruvannamalai Taluk, Thiruvannamalai.7.The Village Administrative Officer, Thiruvannamalai, Thiruvannamalai District.... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to impugned final notice issued by the fifth respondent in G1/5581/2022 dated 07.04.2025 under the Tamil Nadu Land Encroachment Act, 1905, quash the same and consequently direct the first respondent to consider the revision petition filed by the petitioner on 20.02.2025.For Petitioner : Mr.N.ElumalaiFor Respondents : Mr.T.K.Saravanan, Additional Government PleaderO R D E R[Order of the Court was made by M.SUNDAR, J.,]Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer for issue of a writ of certiorarified mandamus.Page Nos.2/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20252. In and vide the certiorari limb of the prayer, a 'notice dated 07.04.2025 bearing reference G1/5581/2022 issued by R5 (Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai)' has been assailed and this notice shall be referred to as 'impugned notice' for the sake of brevity, convenience and clarity.3. In the impugned notice, there is a reference to an order dated 12.02.2022 made in W.P.No.26336 of 2019 but copy of the order has not been filed as part of the typed set of papers though the order has been duly uploaded in the official website of this Court (it is also seen that the correct date of the order is 12.02.2021 and not 12.02.2022). Therefore, in the interest of justice, this Court ferreted out the order from the official website and a scanned reproduction of the order is as follows:Page Nos.3/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 2025Page Nos.4/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 2025Page Nos.5/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20254. Mr.N.Elumalai, learned counsel on record for writ petitioner submits that a statutory revision dated 19.02.2025 under Section 10-A of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} along with stay petition under Section 10-B of said 1905 Act is pending with R1 but pending statutory revision and stay petition, impugned notice has been issued by R5. Learned counsel adverting to the acknowledgement from the office of R1, submitted that the statutory revision and the stay petition have been duly received by the office of R1 on 20.02.2025.5. Issue notice to respondents.6. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for all seven respondents and submits on instructions that the impugned notice was issued by R5 without being aware of the pendency of the statutory revision and stay petition before R1. This makes the task of disposal of the captioned WP fairly simple and therefore, with the consent of learned counsel on both sides, captioned main WP is taken up in the Admission Board.Page Nos.6/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20257. Statutory revision under Section 10-A of said 1905 Act is a statutory right vested in the writ petitioner and there is a provision for prayer for stay pending statutory revision vide Section 10-B of said 1905 Act and the same has also been invoked. Therefore, pending statutory revision and stay petition, coercive action cannot be precipitated. We are interfering with the impugned notice on this short point.8. In the light of the narrative, discussion and dispositive reasoning thus far, the following order is made:8.1 Impugned notice being notice dated 07.04.2025 bearing reference G1/5581/2022 issued by R5 (Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai) is set aside for the present;8.2 It is made clear that it is open to R5 to issue notice afresh subject to disposal of stay petition in the aforereferred statutory revision which is pending with R1;Page Nos.7/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20258.3 R1 shall dispose of the stay petition under Section 10-B of said 1905 Act (stay petition dated 19.02.2025) as expeditiously as the business of R1 permits but in any event within four weeks from today i.e., on or before 20.05.2025;8.4 This Court makes it clear that no time frame is fixed for disposal of the main statutory revision as that will be subject to the official business of R1;8.5 Subject to the outcome of the stay petition, impugned notice can be resuscitated by issuing notice afresh or by issuing the same notice again;8.6 If the outcome of the stay petition is in favour of the writ petitioner, then what will remain is disposal of the main revision but if the outcome of the stay petition is adverse to the writ petitioner, the order shall be kept in abeyance for a fortnight from the date of service of the Page Nos.8/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 2025order on the writ petitioner so as to enable the writ petitioner to workout his remedies in accordance with law.9. Captioned main WP is disposed of in the aforesaid manner. As we have made it clear that coercive action shall be subject to orders in the stay petition under Section 10-B of said 1905 Act with a rider of same being kept in abeyance if it is adverse to the writ petitioner, captioned Writ Miscellaneous Petition (WMP) thereat has become otiose and the same is disposed of as closed. There shall be no order as to costs.(M.S.,J.) (K.G.T.,J.)22.04.2025Index : Yes/NoNeutral Citation: Yes/NommiTo1.The Secretary to Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, St. George Fort, Chennai – 600 009.2.The District Collector, Thiruvannamalai District, Thiruvannamalai.Page Nos.9/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20253.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.4.The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai.5.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.6.The Revenue Inspector, Thiruvannamalai Taluk, Thiruvannamalai.7.The Village Administrative Officer, Thiruvannamalai, Thiruvannamalai District.Page Nos.10/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mmiW.P.No.14112 of 202522.04.2025Page Nos.11/11

W.P.No.14112 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 22.04.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.14112 of 2025andW.M.P No.15861 of 2025 in W.P. No.14112 of 2025N.Kubendran rep. By his Power Agent and SonK.Tamilselvan... Petitioner vs.1.The Secretary to Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, St. George Fort, Chennai – 600 009.2.The District Collector, Thiruvannamalai District, Thiruvannamalai.3.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.4.The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai.5.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.Page Nos.1/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20256.The Revenue Inspector, Thiruvannamalai Taluk, Thiruvannamalai.7.The Village Administrative Officer, Thiruvannamalai, Thiruvannamalai District.... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to impugned final notice issued by the fifth respondent in G1/5581/2022 dated 07.04.2025 under the Tamil Nadu Land Encroachment Act, 1905, quash the same and consequently direct the first respondent to consider the revision petition filed by the petitioner on 20.02.2025.For Petitioner : Mr.N.ElumalaiFor Respondents : Mr.T.K.Saravanan, Additional Government PleaderO R D E R[Order of the Court was made by M.SUNDAR, J.,]Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer for issue of a writ of certiorarified mandamus.Page Nos.2/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20252. In and vide the certiorari limb of the prayer, a 'notice dated 07.04.2025 bearing reference G1/5581/2022 issued by R5 (Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai)' has been assailed and this notice shall be referred to as 'impugned notice' for the sake of brevity, convenience and clarity.3. In the impugned notice, there is a reference to an order dated 12.02.2022 made in W.P.No.26336 of 2019 but copy of the order has not been filed as part of the typed set of papers though the order has been duly uploaded in the official website of this Court (it is also seen that the correct date of the order is 12.02.2021 and not 12.02.2022). Therefore, in the interest of justice, this Court ferreted out the order from the official website and a scanned reproduction of the order is as follows:Page Nos.3/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 2025Page Nos.4/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 2025Page Nos.5/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20254. Mr.N.Elumalai, learned counsel on record for writ petitioner submits that a statutory revision dated 19.02.2025 under Section 10-A of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} along with stay petition under Section 10-B of said 1905 Act is pending with R1 but pending statutory revision and stay petition, impugned notice has been issued by R5. Learned counsel adverting to the acknowledgement from the office of R1, submitted that the statutory revision and the stay petition have been duly received by the office of R1 on 20.02.2025.5. Issue notice to respondents.6. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for all seven respondents and submits on instructions that the impugned notice was issued by R5 without being aware of the pendency of the statutory revision and stay petition before R1. This makes the task of disposal of the captioned WP fairly simple and therefore, with the consent of learned counsel on both sides, captioned main WP is taken up in the Admission Board.Page Nos.6/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20257. Statutory revision under Section 10-A of said 1905 Act is a statutory right vested in the writ petitioner and there is a provision for prayer for stay pending statutory revision vide Section 10-B of said 1905 Act and the same has also been invoked. Therefore, pending statutory revision and stay petition, coercive action cannot be precipitated. We are interfering with the impugned notice on this short point.8. In the light of the narrative, discussion and dispositive reasoning thus far, the following order is made:8.1 Impugned notice being notice dated 07.04.2025 bearing reference G1/5581/2022 issued by R5 (Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai) is set aside for the present;8.2 It is made clear that it is open to R5 to issue notice afresh subject to disposal of stay petition in the aforereferred statutory revision which is pending with R1;Page Nos.7/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20258.3 R1 shall dispose of the stay petition under Section 10-B of said 1905 Act (stay petition dated 19.02.2025) as expeditiously as the business of R1 permits but in any event within four weeks from today i.e., on or before 20.05.2025;8.4 This Court makes it clear that no time frame is fixed for disposal of the main statutory revision as that will be subject to the official business of R1;8.5 Subject to the outcome of the stay petition, impugned notice can be resuscitated by issuing notice afresh or by issuing the same notice again;8.6 If the outcome of the stay petition is in favour of the writ petitioner, then what will remain is disposal of the main revision but if the outcome of the stay petition is adverse to the writ petitioner, the order shall be kept in abeyance for a fortnight from the date of service of the Page Nos.8/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 2025order on the writ petitioner so as to enable the writ petitioner to workout his remedies in accordance with law.9. Captioned main WP is disposed of in the aforesaid manner. As we have made it clear that coercive action shall be subject to orders in the stay petition under Section 10-B of said 1905 Act with a rider of same being kept in abeyance if it is adverse to the writ petitioner, captioned Writ Miscellaneous Petition (WMP) thereat has become otiose and the same is disposed of as closed. There shall be no order as to costs.(M.S.,J.) (K.G.T.,J.)22.04.2025Index : Yes/NoNeutral Citation: Yes/NommiTo1.The Secretary to Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, St. George Fort, Chennai – 600 009.2.The District Collector, Thiruvannamalai District, Thiruvannamalai.Page Nos.9/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 20253.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.4.The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai.5.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.6.The Revenue Inspector, Thiruvannamalai Taluk, Thiruvannamalai.7.The Village Administrative Officer, Thiruvannamalai, Thiruvannamalai District.Page Nos.10/11 https://www.mhc.tn.gov.in/judis W.P.No.14112 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mmiW.P.No.14112 of 202522.04.2025Page Nos.11/11