Madrasdated High Court · 2025

W.P.No.18097 of 2025Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1, 4 and 6 who are the respective Chairperson of the State level, District Level and Divisional Level Committee under G.O.(Ms.) No.64 dated 08.02.2022 issued by the Revenue and Disaster Management Department to remove the encroachment of the Water Body by the 10th Respondent over the land comprised in T.S.Nos.38 & 39 (Old Survey Nos.198/2B & 201/1 respectively) in Block No.3, Konnur Village, Ayanavaram Taluk, Chennai District, measuring 16,387.5 sq.ft and 16,877 sq.ft respectively totally measuring 33, 264.5 sq.ft.For Petitioner : Mr.C.S.KiranFor Respondents: Mr.T.K.SaravananAdditional Government Pleader for R1, R2, R4 and R5 to R8Mr.S.SanthoshGovernment Advocate (Crl.side)for R3 and R9ORDER[Order of the Court was made by M.SUNDAR, J.,]This order has to be read in conjunction with and in continuation of earlier proceedings made in previous listing on 03.06.2025 which reads as follows:'W.P.No.18097 of 2025Page Nos.3/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 2025M.SUNDAR, J.andHEMANT CHANDANGOUDAR, J.(Order of the Court was made by M.SUNDAR, J.)Captioned writ petition has been filed with a prayer qua removal of alleged encroachment.2.Inaction on the part of the official respondents has necessitated the captioned writ petition is the say of learned counsel for the petitioner. 3.Issue notice to official respondents.4.Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1,2,4,5,6 and 7 and requests for a short accommodation to get instructions and revert to this Court.5.Request acceded to.6.List in the Admission Board i.e., Motion List under the cause list caption 'NOTICE REGARDING ADMISSION' on 05.06.2025.' 2. Today, Mr.C.S.Kiran, learned counsel for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for R1, R2, R4 and R5 to R8 and Mr.S.Santhosh, learned Government Advocate (Crl.side ) for R3 and R9 are before us. Mr.Arun Kumar, Sub-Inspector of Police, V4 Rajamangalam Police Station, Kolathur, Ms.S.Vanitha, Tahsildar, Ayanavaram and Ms.R.Rajeswari, Zonal Deputy Tahsildar, Ayanavaram are present before this Court. Page Nos.4/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 20253. It is brought to our notice that the writ petitioner before us had approached this Court earlier by way of W.P.No.34280 of 2023 (along with W.M.P.No.34172 of 2023 thereat) and the same came to be disposed of by another Hon'ble Division Bench in and by an order dated 12.12.2023, which reads as follows:Page Nos.5/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 2025Page Nos.6/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 2025Page Nos.7/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 2025Page Nos.8/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 20254. Pursuant to the aforementioned judicial order, the writ petitioner approached the monitoring committee on 30.01.2024 and triggered the proceedings. 5. Learned State counsel submits that R6 (The Revenue Divisional Officer cum Chairperson/Convenor, Divisional Monitoring Committee, 5/73, SH112, Gandhi Nagar, Anna Nagar West Extn. Chennai) convened a meeting on 25.04.2024 but R10 was not put on notice. To be noted, R10 is the alleged encroacher.6. Post 25.04.2024 meeting which appears to have happened inter se the officials, 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 convenience] being notice dated 07.08.2024 was issued to R10, according to learned State counsel, R10 did not respond and R7 made an order dated 03.09.2024 under Section 6 of said 1905 Act. It is submitted that Section 6 order made by R7 has been affixed in the premises of R10.Page Nos.9/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 20257. After hearing learned counsel for writ petitioner and learned State counsel, this Court finds that the legal perimeter within which the matter should perambulate is very limited and therefore, with the consent of learned counsel on both sides, main writ petition is taken up dispensing with notice to R10. We dispense with notice to R10 as this order will not in any manner touch upon the rights of R10. On the contrary, this order will preserve all the rights and contentions of R10 in the proceedings vide 'G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, dated 08.02.2022' {hereinafter 'said G.O' for the sake of brevity and convenience}, which shall now continue.8. Said G.O provides for an alleged encroacher being given an opportunity and the version of the alleged encroacher being examined before a conclusion is arrived at. The same has not been done in the instant case as would be evident from the narrative supra. To be noted, R10 has not even been put on notice. 9. In the light of the narrative, discussion and dispositive reasoning thus far, the following order is made:i) 07.08.2024 notice under Section 7 of said 1905 Act Page Nos.10/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 2025and order under Section 6 of said 1905 Act made by R7 stand effaced as monitoring committee proceedings had neither put R10 (alleged encroacher) on notice nor come to a conclusion after hearing R10;ii) Monitoring committee shall now continue the proceedings which were kicked started by the writ petitioner on 30.01.2024 by reconvening a meeting putting all concerned on notice, more particularly writ petitioner and R10 and thereafter make an order on merits and in accordance with law.iii) The above exercise shall be concluded by R6 (Divisional Monitoring Committee) as expeditiously as the official business of R6 would permit but in any event within 14 weeks from today i.e., on or before 11.09.2025.iv) Though obvious, we make it clear that coercive action qua alleged encroachment, if any and if that be so, will be subject to aforementioned proceedings and further proceedings in accordance with law with adherence to 'NJP' ('Natural Justice Principle').Page Nos.11/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 2025Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs.(M.S.,J.) (H.C.,J.) 05.06.2025Index : Yes / NoNeutral Citation : Yes / NogpaTo1. The State of Tamil Nadu Represented by its Chief Secretary cum Chairperson State Steering Committee Fort St.George, Secretariat Chennai – 600 0092. The Revenue and Disaster Management Department Rep. By its Secretary to Government Fort St. George, Secretariat Chennai – 600 0093. The Commissioner Greater Chennai Corporation No.1131, Rippon Building EVR Periyar Salai, Park Town Chennai – 600 0034. The District Collector Chennai District Chairperson District Monitoring CommitteePage Nos.12/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 2025 Chennai District Collectorate Singaravelar Maligai, Rajaji Salai Chennai - 600 001 5. The Chief Executive Officer Water Resources Department Chepauk Railway Street, PWD Estate Chepauk, Triplicane, Chennai - 600 0056. The Revenue Divisional Officer cum Chairperson/Conveyor Divisional Monitoring Committee 5/73, SH 112, Gandhi Nagar Anna Nagar West Extn. Chennai - 600 0407. The Tahsildar, Ayanavaram Taluk 18/31, Palliarasan Street Kumaran Nagar, Kilpauk Chennai - 600 0108. The District Revenue Officer Zone-8, Greater Chennai Corporation 368, Pulla Avenue, Shenoy Nagar Chennai - 600 0309. The Inspector of Police V-4 Police Station, Rajamangalam 2nd Main Road, Thillai Nagar, Kolathur Chennai - 600 099Page Nos.13/14 https://www.mhc.tn.gov.in/judis W.P.No.18097 of 2025M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,gpaW.P.No.18097 of 202505.06.2025Page Nos.14/14