High Court · 2025

W.P.No.26437 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.07.2025CORAMTHE HONOURABLE MR. JUSTICE M.SUNDAR andTHE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.26437 of 2025& W.M.P.No.29769 of 2025Ilango...Petitionervs.1. The District Collector Dharmapuri District Dharmapuri2. The Revenue Divisional Officer Harur Taluk Dharampuri District - 636 9033. The Tahsildar Harur Taluk Dharmapuri District - 636 9034. The Revenue Inspector Harur Taluk Dharmapuri District - 636 9035. The Village Administrative Officer Pudur Village Harur Taluk Dharmapuri District - 636 903...RespondentsPage Nos.1/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 2025Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of ceriorari to call for the records relating to the undated impugned notice issued by the fourth respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 in respect of Survey No.118/3, Pudur Village, Harur Taluk, Dhamapuri District and to quash the same as illegal and arbitrary.For petitioner: Mr.J.PradeepFor Respondents : Mr.T.K.Saravanan Additional Government Pleader for R1 to R5ORDER[Order of the Court was made by M.SUNDAR, J.]Captioned main 'Writ Petition' ['WP' for the sake of brevity] has been filed with a prayer seeking issue of writ of certiorari assailing a notice, which bears neither date nor reference, issued by R4 (Revenue Inspector, Harur Taluk, Dharmapuri District). Caption to this notice says that it has been issued under Section 7 of 'the Tamil Nadu Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. 2. Mr.J.Pradeep, learned counsel for writ petitioner submits that with regard to the same survey number, a notice under Section 7 of said 1905 Act Page Nos.2/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 2025was issued earlier and possession of the part of the land in occupation of the petitioner was taken without making orders under Section 6 of said 1905 Act and this has necessitated the filing of the captioned WP is learned counsel's say. Learned counsel also points out that the writ petitioner has responded to Section 7 notice vide a response dated 27.06.2025, which as placed before as is as follows:Page Nos.3/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 2025Page Nos.4/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 20253. Issue notice.4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R5 and submits, on instructions, that the writ petitioner's afore-referred response dated 27.06.2025 i.e., response to impugned notice, is under active consideration of the State and appropriate orders under Section 6 of said 1905 Act will be made after considering the writ petitioner's response dated 27.06.2025. 5.The order to be made under Section 6 of said 1905 Act shall be duly served on the writ petitioner (under due acknowledgement) within five working days from the date of the order. In the light of impugned notice being undated, we deem it appropriate to say that Section 6 order should contain a date.6. Order under Section 6 of said 1905 Act is an appealable order vide Section 10 with provision for revision vide Section 10-A of said 1905 Act.7. In this regard, before proceeding further, it is deemed appropriate to write that this Court, in C.Gopinathan case reported in 2025:MHC:1162 (order dated 29.04.2025 in W.P.Nos.8355 and 8357 of 2022 and W.M.P. Page Nos.5/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 2025Nos.8324 and 8237 of 2022 thereat), respectfully following Girnar principle, i.e., declaration of law made by a Constitution Bench of the Hon'ble Supreme Court in Girnar Traders (3) vs. State of Maharashtra reported in (2011) 3 SCC 1, held that said 1905 Act is a self contained Code. Girnar principle is that if a statute provides for a complete machinery to deal with the purpose sought to be achieved by that law and its dependence on other legislations is either absent or minimal, such a statute is a self contained Code. 8. The ecosystem of said 1905 Act, i.e., the purpose sought to be achieved by said 1905 Act is to lay down procedure for eviction of encroachment of lands belonging to the Government. As regards said 1905 Act, inter alia, there is a provision to have the alleged encroacher show caused under Section 7 of said 1905 Act followed by an order under section 6 (considering the cause shown). The order under Section 6 is appealable. Section 10 is the appeal provision and inter-alia District Collector is the appellate authority and there is a provision for further revision to the Government under Section 10-A of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of Page Nos.6/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 2025said 1905 Act. This order of Revisional Authority is obviously subject to judicial review. This is the legal architecture of the machinery put in place to deal with the purpose sought to be achieved by said 1905 Act. Such a three-tier machinery has been put in place to check unauthorised occupation of lands which are the properties of the Government (besides imposition of penal or prohibitory assessment or charge), after giving adequate and ample opportunity to a person who is alleged to be in occupation of public roads, streets, lanes and paths, bridges, ditches, dikes and fences, rivers, streams, nalas, lakes, tanks and such other properties of Government. 9. The purpose sought to be achieved by said 1905 Act and the architecture of the machinery put in place to achieve the same when tested on the touchstone of Girnar principle leaves us with the view that said 1905 Act is a self contained Code which provides for complete machinery to deal with the purpose sought to be achieved with no dependence on other legislations or at the highest minimal dependence on other legislations. Suffice to say that said 1905 Act is clearly a self-contained Code.Page Nos.7/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 202510. Learned State counsel fairly submits that coercive action, if any will be subject to order under Section 6 of said 1905 Act to be made in the aforesaid manner. This douses the anxiety of the writ petitioner and makes the captioned WMP otiose.11. Captioned WP stands disposed of as closed recording the stated position of learned State counsel. As regards captioned WMP, in the light of stated position of learned State counsel, the same is closed having become otiose. There shall be no order as to costs.(M.S.,J.) (H.C.,J.)18.07.2025Index: Yes/NoInternet: Yes/NoNeutral Citation: Yes/NoSpeaking order/Non-speaking ordergpaPage Nos.8/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 2025To1. The District Collector Dharmapuri District Dharmapuri2. The Revenue Divisional Officer Harur Taluk Dharampuri District - 636 9033. The Tahsildar Harur Taluk Dharmapuri District - 636 9034. The Revenue Inspector Harur Taluk Dharmapuri District - 636 9035. The Village Administrative Officer Pudur Village Harur Taluk Dharmapuri District - 636 903Page Nos.9/10 https://www.mhc.tn.gov.in/judis W.P.No.26437 of 2025M.SUNDAR, J.andHEMANT CHANDANGOUDAR, J.gpaW.P.No.26437 of 202518.07.2025Page Nos.10/10