High Court · 2025

W.P.No.28096 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12.08.2025CORAM:THE HONOURABLE MR. JUSTICE M. SUNDARANDTHE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDARW.P.No.28096 of 2025S. SingaramPetitionervs.1.The District CollectorSalem DistrictSalem2.The TahsildarGangavalli TalukSalem District3.The Assistant EngineerWater Bodies DepartmentThammampattiGangavalli TalukSalem District4.The Divisional Forest OfficerAttur Forest DivisionAtturRespondents(R4 impleaded suo motu vide instant order)Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to consider the petitioner's representation dated 08.07.2025 to grant time to vacate theh Page 1 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 2025petitioner's house property situated at No.15-B Kadambur Road, Meenavar Street, Gangavalli Post and Taluk, Salem District.For petitionerMr. L. RajendranFor RR 1 to 3Mr. T.K. SaravananAddl. Govt. PleaderFor R4Mr. S. RajeshGovt. AdvocateORDER(made by M. SUNDAR, J.)Captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] turns on a very narrow compass and therefore, captioned WP is taken up for hearing with the consent of learned counsel for writ petitioner and learned State counsel for respondents.2.In the previous listing on 05.08.2025, this Court made the following proceedings:'W.P.No.28096 of 2025M.SUNDAR, J.,andT.VINOD KUMAR. J.,(Order of the Court was made by M.SUNDAR, J.,)Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 04.08.2025 which reads as follows:Page 2 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 2025'W.P.No.28096 of 2025 M.SUNDAR, J.andT.VINOD KUMAR, J.(Order of the Court was made by M.SUNDAR, J.)Time for removing encroachment is the crux of the captioned writ petition.2. Writ petitioner and his family has admittedly encroached upon public land but writ petitioner's spouse Ms.Jaya and daughter-in-law Ms.Indhumathi W/o.Mr.Sivakumar have been granted alternate sites and the assignment has been made on 07.07.2025. To be noted, this is vide Welfare Scheme of the State.3. Learned State counsel submits that there were 39 encroachers in all, 32 encroachers were issued assignments, 3 have been removed and as regards remaining 12, they have given undertaking that they will vacate by 06.08.2025.4. In the aforesaid backdrop, as no time frame has been mentioned either in the representation dated 08.07.2025 on which captioned WP is predicated or in the writ affidavit (not even in the prayer) learned counsel sought for a short accommodation to file an affidavit of undertaking from the writ petitioner as well as writ petitioner's spouse Ms.Jaya and daughter-in-law Ms.Indhumathi seeking two months time. 5. List on 05.08.2025 under the cause list caption 'ADJOURNED ADMISSION' in the Admission Board i.e., Motion List.'2. Today, though the writ petitioner was ready to file an affidavit that he will vacate within six months, it came to light that the Forest Department is not permitting any construction in the alternate site that has been assigned to the writ petitioner. A scanned reproduction of the short note that has been placed before us by learned State Counsel is as follows:Page 3 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 20253. Recording an undertaking may not serve the purpose as the writ petitioner is seeking time only to put up construction in the alternate site which has been objected to by the Forest Department.4. Faced with the above situation, learned counsel for writ petitioner sought time to do the needful. Request acceded to.List one week hence. List on 12.08.2025.[M.S.J.,] [T.V.K.J.,] 05.08.2025'Page 4 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 20253.The aforesaid proceedings speaks for itself and therefore, we refrain from dilating on the same. However, we make it clear that the aforesaid proceedings dated 05.08.2025 shall now be read as an integral part and parcel of instant order.4.Today, Mr. T.K. Saravanan, learned Additional Government Pleader appearing for respondents 1 to 3, adverting to the earlier proceedings, more particularly 'Short Note on W.P. No.28096 of 2025' signed by Divisional Forest Officer, Attur Forest Division, Attur, on 05.08.2025, which has been scanned and reproduced in the earlier proceedings supra, submits that there has been a re-think and the Forest Department has now decided to clear alternative land allotted to the writ petitioner and hand over the same to the writ petitioner within four weeks from today i.e., on or before 09.09.2025. For this purpose, we suo motu implead Divisional Forest Officer, Attur Forest Division, Attur, as fourth respondent in the captioned WP and Mr. S. Rajesh, learned Government Advocate, accepts notice for the newly impleaded fourth respondent. The stated position of learned State counsel is recorded as an undertaking given to this Court by fourth respondent.Page 5 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 20255.This now takes us to the plea of writ petitioner i.e., plea for grant of time to move to the alternative site provided to writ petitioner.6.Learned counsel for writ petitioner submits that the writ petitioner requires some time to build a modest superstructure on the alternative site allotted to the writ petitioner.7.As the State, as part of its welfare policy, has decided to give alternative site to the writ petitioner, we are of the view that it is only appropriate that the writ petitioner's prayer for time to build a modest house on the alternative site so that he can move to the alternative site, should be acceded to. The reason is, if this request is not acceded to, the alternative site accommodation will remain only on paper and the benefit of this measure taken by welfare State will be of no avail.8.Therefore, this Court deems it appropriate to write that writ petitioner will have six months time from the date of handing over of the alternative site (free and vacant / free from trees, etc.) so as to enable the writ petitioner to construct a dwelling house there.Page 6 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 20259.In this regard, we deem it appropriate to scan and reproduce the affidavit of undertaking filed by writ petitioner and the same reads as follows:Page 7 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 2025Page 8 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 2025Page 9 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 202510.It is made clear that if the writ petitioner does not remove the encroachment within six months from the date of handing over of the alternative site which has been assigned to the writ petitioner, it will be open to State to resort to coercive measures without further reference to this Court.11.To be noted, as much as stated position of fourth respondent has been recorded as an undertaking given to this Court, the affidavit of undertaking given by writ petitioner, more particularly, paragraph 5 thereat, is also recorded as an undertaking given by writ petitioner to this Court.12.Captioned WP stands disposed of as closed recording the stated position of the parties. There shall be no order as to costs.(M.S., J.) (H.C., J.)12.08.2025cadIndex: Yes/NoNC: Yes/NoPage 10 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 2025To1.The District CollectorSalem DistrictSalem2.The TahsildarGangavalli TalukSalem District3.The Assistant EngineerWater Bodies DepartmentThammampattiGangavalli TalukSalem District4.The Divisional Forest OfficerAttur Forest DivisionAtturPage 11 of 12 https://www.mhc.tn.gov.in/judis W.P.No.28096 of 2025M. SUNDAR, J.andHEMANT CHANDANGOUDAR, J.cad W.P.No.28096 of 202512.08.2025Page 12 of 12