Madrasdated High Court · 2025

W.P.No.21937 of 2025pending disposal of the appeal dated 16.06.2025. For Petitioner : Dr.C.RavichandranFor Respondents:Mr.K.Suresh,Government Advocate for R1Mr.T.K.Saravanan,Addl. Govt. Pleader for R2ORDER[Order of the Court was made by M.SUNDAR, J.,]Dr.C.Ravichandran, learned counsel on record for writ petitioner, who is before us submits that subject matter pertains to proceedings under 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}, a statutory appeal under Section 10 along with stay petition under Section 10-B are pending but pending statutory appeal and stay petition, writ petitioner is under pain of dispossession/demolition. This has necessitated the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is learned counsel's further say.2. Issue notice.3. Mr.K.Suresh, learned Government Advocate accepts notice for R1 and Mr.T.K.Saravanan, learned Additional Government Pleader Page Nos.2/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025accepts notice for R2.4. Learned State counsel very fairly brings to our notice that the 'notice/order under Section 6 of said 1905 Act dated 13.05.2025' (hereinafter 'impugned notice/order' for the sake of brevity, convenience and clarity) and Section 7 notice which preceded the same have been issued by Block Development Officer. This Court has held that Block Development Officer does not have jurisdiction. In other words, learned State counsel fairly submits that the captioned matter is directly and squarely covered by Seethalakshmi case being order dated 06.06.2025 made in W.P.No.11712 of 2024 and W.M.P.No.12800 of 2024 thereat. The order reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.11712 of 2024and W.M.P.No.12800 of 2024SeethalakshmiW/o.V.Pavadai Padaiyaatchi... PetitionerPage Nos.3/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025vs.1.The TahsildarBhuvanagiriBhuvanagiri (TK)Cuddalore District.2.The Block Development OfficerBhuvanagiri (TK)Cuddalore District.3.The Panchayat President,Periyapattu, Periyapattu Village,Bhuvanagiri (TK)Cuddalore (DT).... RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in connection with the impugned eviction notice dated 30.11.2022 and quash the same, consequently, forbear the respondents herein, their men and subordinates or any other persons claiming through them from in any manner interfering with our peaceful possession and enjoyment from portion of Survey Nos.63/2 and 74/1 at Periyapattu Revenue Village, Bhuvangiri (TK), Cuddalore (DT) without out following the due process of law.For Petitioner :Mr.V.NeethiduraiFor Respondents:Mr.M.S.ArasakumarGovernment Advocate*****O 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 'terse notice with the seal dated 30.11.2022 issued by R3' {hereinafter 'impugned notice' for the sake of brevity, Page Nos.4/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025convenience and clarity}.2. Mr.V.Neethidurai, learned counsel, at the outset expresses regret for missing the matter yesterday (to be noted, the captioned WP is listed under the cause list caption 'FOR DISMISAL' today) and tenders an apology and apology is accepted.3. Mr.V.Neethidurai, learned counsel submits that R3 does not have jurisdiction to issue the impugned notice.4. Learned State Counsel, who has already accepted notice for respondents, on instructions submits that the impugned notice has been issued 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}. This Court, vide order dated 26.03.2025 in W.P.No.27887 of 2022 and W.M.P.No.27176 of 2022 has held that the Executive Officer / President of Local Body (Panchayat in this case) does not have jurisdiction to issue notice under Section 7 of said 1905 Act. A scanned reproduction of the order dated 26.03.2025 in W.P.No.27887 of 2022 and W.M.P.No.27176 of 2022 is as follows:Page Nos.5/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.6/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.7/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.8/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.9/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.10/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.11/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 20255. Learned State Counsel, fairly submits that the captioned matter is directly covered by the aforesaid order.6. 'Sauce to Goose is Sauce to Gander too' and we, therefore interfere with the impugned order and set aside the same on jurisdiction point alone. This means that we are not expressing any opinion on the merits of the matter.7. We make it clear that it is open to the State to initiate appropriate action by competent authority either under said 1905 Act or under 'the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'Tanks Act' for the sake of convenience, clarity and brevity}, as the case may be (to be noted, as there is a reference to the land in question as Kuttai i.e., pond we have made it clear that action under Tanks Act also is an option). If proceedings are initiated by competent authority under either one of the aforementioned Statutes, writ petitioner shall be show-caused, given an opportunity and order shall be made, all of which, will be done on its own merits and in accordance with law untrammelled by this order which has been made only on jurisdiction point.8. Captioned WP is allowed albeit with preservation of rights of both sides in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition becomes otiose and the same is disposed of as closed. There shall be no order as to costs.(M.S.J.,)(H.C.J.,) 06.06.2025'Page Nos.12/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 20255. Reminding ourselves of the age old adage 'Sauce to Goose is Sauce to Gander too', we apply Seethalakshmi principle and set aside the impugned notice/order and Section 7 show cause notice which preceded the same. We also hold that statutory appeal before R1 being appeal dated 16.06.2025 and the stay petition will stand withdrawn.6. We make it clear that it is open to State to initiate action afresh either under the said 1905 Act or any other applicable law by issuance of notice by competent authority. If such fresh proceedings are commenced, all rights of writ petitioner are also preserved.7. Captioned WP is allowed albeit with preservation of rights in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition (WMP) is disposed of as closed. There shall be no order as to costs.(M.S.,J.)(H.C.,J.) 18.06.2025Index : Yes / NoNeutral Citation : Yes / NommiPage Nos.13/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025To1.The District Collector/Appellate Authority Thiruvannamalai District, Thiruvannamalai.2.The Block Development Officer (Va.Vu), Anakkavur, Cheyyar Taluk, Thiruvannamalai District. Page Nos.14/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mmiW.P.No.21937 of 202518.06.2025Page Nos.15/15

W.P.No.21937 of 2025pending disposal of the appeal dated 16.06.2025. For Petitioner : Dr.C.RavichandranFor Respondents:Mr.K.Suresh,Government Advocate for R1Mr.T.K.Saravanan,Addl. Govt. Pleader for R2ORDER[Order of the Court was made by M.SUNDAR, J.,]Dr.C.Ravichandran, learned counsel on record for writ petitioner, who is before us submits that subject matter pertains to proceedings under 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}, a statutory appeal under Section 10 along with stay petition under Section 10-B are pending but pending statutory appeal and stay petition, writ petitioner is under pain of dispossession/demolition. This has necessitated the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is learned counsel's further say.2. Issue notice.3. Mr.K.Suresh, learned Government Advocate accepts notice for R1 and Mr.T.K.Saravanan, learned Additional Government Pleader Page Nos.2/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025accepts notice for R2.4. Learned State counsel very fairly brings to our notice that the 'notice/order under Section 6 of said 1905 Act dated 13.05.2025' (hereinafter 'impugned notice/order' for the sake of brevity, convenience and clarity) and Section 7 notice which preceded the same have been issued by Block Development Officer. This Court has held that Block Development Officer does not have jurisdiction. In other words, learned State counsel fairly submits that the captioned matter is directly and squarely covered by Seethalakshmi case being order dated 06.06.2025 made in W.P.No.11712 of 2024 and W.M.P.No.12800 of 2024 thereat. The order reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.11712 of 2024and W.M.P.No.12800 of 2024SeethalakshmiW/o.V.Pavadai Padaiyaatchi... PetitionerPage Nos.3/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025vs.1.The TahsildarBhuvanagiriBhuvanagiri (TK)Cuddalore District.2.The Block Development OfficerBhuvanagiri (TK)Cuddalore District.3.The Panchayat President,Periyapattu, Periyapattu Village,Bhuvanagiri (TK)Cuddalore (DT).... RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in connection with the impugned eviction notice dated 30.11.2022 and quash the same, consequently, forbear the respondents herein, their men and subordinates or any other persons claiming through them from in any manner interfering with our peaceful possession and enjoyment from portion of Survey Nos.63/2 and 74/1 at Periyapattu Revenue Village, Bhuvangiri (TK), Cuddalore (DT) without out following the due process of law.For Petitioner :Mr.V.NeethiduraiFor Respondents:Mr.M.S.ArasakumarGovernment Advocate*****O 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 'terse notice with the seal dated 30.11.2022 issued by R3' {hereinafter 'impugned notice' for the sake of brevity, Page Nos.4/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025convenience and clarity}.2. Mr.V.Neethidurai, learned counsel, at the outset expresses regret for missing the matter yesterday (to be noted, the captioned WP is listed under the cause list caption 'FOR DISMISAL' today) and tenders an apology and apology is accepted.3. Mr.V.Neethidurai, learned counsel submits that R3 does not have jurisdiction to issue the impugned notice.4. Learned State Counsel, who has already accepted notice for respondents, on instructions submits that the impugned notice has been issued 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}. This Court, vide order dated 26.03.2025 in W.P.No.27887 of 2022 and W.M.P.No.27176 of 2022 has held that the Executive Officer / President of Local Body (Panchayat in this case) does not have jurisdiction to issue notice under Section 7 of said 1905 Act. A scanned reproduction of the order dated 26.03.2025 in W.P.No.27887 of 2022 and W.M.P.No.27176 of 2022 is as follows:Page Nos.5/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.6/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.7/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.8/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.9/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.10/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025Page Nos.11/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 20255. Learned State Counsel, fairly submits that the captioned matter is directly covered by the aforesaid order.6. 'Sauce to Goose is Sauce to Gander too' and we, therefore interfere with the impugned order and set aside the same on jurisdiction point alone. This means that we are not expressing any opinion on the merits of the matter.7. We make it clear that it is open to the State to initiate appropriate action by competent authority either under said 1905 Act or under 'the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'Tanks Act' for the sake of convenience, clarity and brevity}, as the case may be (to be noted, as there is a reference to the land in question as Kuttai i.e., pond we have made it clear that action under Tanks Act also is an option). If proceedings are initiated by competent authority under either one of the aforementioned Statutes, writ petitioner shall be show-caused, given an opportunity and order shall be made, all of which, will be done on its own merits and in accordance with law untrammelled by this order which has been made only on jurisdiction point.8. Captioned WP is allowed albeit with preservation of rights of both sides in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition becomes otiose and the same is disposed of as closed. There shall be no order as to costs.(M.S.J.,)(H.C.J.,) 06.06.2025'Page Nos.12/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 20255. Reminding ourselves of the age old adage 'Sauce to Goose is Sauce to Gander too', we apply Seethalakshmi principle and set aside the impugned notice/order and Section 7 show cause notice which preceded the same. We also hold that statutory appeal before R1 being appeal dated 16.06.2025 and the stay petition will stand withdrawn.6. We make it clear that it is open to State to initiate action afresh either under the said 1905 Act or any other applicable law by issuance of notice by competent authority. If such fresh proceedings are commenced, all rights of writ petitioner are also preserved.7. Captioned WP is allowed albeit with preservation of rights in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition (WMP) is disposed of as closed. There shall be no order as to costs.(M.S.,J.)(H.C.,J.) 18.06.2025Index : Yes / NoNeutral Citation : Yes / NommiPage Nos.13/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025To1.The District Collector/Appellate Authority Thiruvannamalai District, Thiruvannamalai.2.The Block Development Officer (Va.Vu), Anakkavur, Cheyyar Taluk, Thiruvannamalai District. Page Nos.14/15 https://www.mhc.tn.gov.in/judis W.P.No.21937 of 2025M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mmiW.P.No.21937 of 202518.06.2025Page Nos.15/15