Madrasdated High Court · 2025

W.P.No.33454 of 2024Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 3 to consider the representation of the petitioner dated 13.02.2024 by removing the encroachment done by the respondents 4 to 7 who are illegally on water body at Valarpuram Sitheri bearing Old Survey No.559/2, New Survey No.559/46, 559/47 and 559/48, the Tank bund leading to punja lands and Valarpuram Sitheri.For Petitioner : Mr.K.U.Sale MuruganFor Respondents:Mr.T.K.Saravanan,Additional Government Pleaderfor R1 to R3ORDER[Order of the Court was made by M.SUNDAR, J.,]This order will now dispose of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity). This order has to be read in conjunction with and in continuation of earlier proceedings made in the listings on 18.11.2024, 02.12.2024, 09.12.2024, 02.01.2025 30.01.2025, 06.02.2025, 10.02.2025 and 05.03.2025 which read as follows:Page Nos.2/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024PROCEEDINGS DATED 18.11.2024:'W.P.No.33454 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,[Order of the Court was made by M.SUNDAR. J.,]Mr. R.Sankarasubbu, learned counsel for writ petitioner submits that writ petitioner has given a representation dated 13.02.2024 with a prayer for removal of alleged encroachments by R4 to R7 in 'Old Survey No.559/2, New Survey Nos.559/46, 559/47 and 559/48 in Vanganoor Village, Pallipattu Taluk, Thiruvallur District' [hereinafter 'said land' for the sake of brevity].2. For the present, issue notice regarding admission to official respondents.3. Mr.T.K.Saravanan, learned Government Advocate, accepts notice for R1 to R3.4. Learned State counsel requests for time to get instructions and revert to this Court. Request acceded to.5. List in the Admission Board i.e., Motion List but under the cause list caption 'NOTICE REGARDING ADMISSION' a fortnight hence.List on 02.12.2024.'Page Nos.3/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024PROCEEDINGS DATED 02.12.2024:'W.P. No.33454 of 2024M.SUNDAR,J.,andK.RAJASEKAR, 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 18.11.2024 which reads as follows:'W.P.No.33454 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,[Order of the Court was made by M.SUNDAR. J.,]Mr. R.Sankarasubbu, learned counsel for writ petitioner submits that writ petitioner has given a representation dated 13.02.2024 with a prayer for removal of alleged encroachments by R4 to R7 in 'Old Survey No.559/2, New Survey Nos.559/46, 559/47 and 559/48 in Vanganoor Village, Pallipattu Taluk, Thiruvallur District' [hereinafter 'said land' for the sake of brevity].2. For the present, issue notice regarding admission to official respondents.3. Mr.T.K.Saravanan, learned Government Advocate, accepts notice for R1 to R3.4. Learned State counsel requests for time to get instructions and revert to this Court. Request acceded to.5. List in the Admission Board i.e., Motion List but under the cause list caption 'NOTICE REGARDING ADMISSION' a fortnight hence.List on 02.12.2024.''Page Nos.4/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 20242. Today, Mr.R.Sankarasubbu, learned counsel on record for writ petitioner is before us.3. Adverting to earlier proceedings dated 18.11.2024, Mr.T.K.Saravanan, learned Government Advocate submits that there has been no sub-division of Survey No.559/2. Learned State counsel requests for a short accommodation to file this in the form of a report along with copies of supporting documents and bring it on Board. Request acceded to.4. List one week hence in the Admission Board i.e., Motion List.5. List on 09.12.2024.'PROCEEDINGS DATED 09.12.2024:'W.P.No.33454 of 2024M.SUNDAR, J.,andK.RAJASEKAR, 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 listing on 02.12.2024 which reads as follows:'W.P. No.33454 of 2024Page Nos.5/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024M.SUNDAR,J.,andK.RAJASEKAR, 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 18.11.2024 which reads as follows:'W.P.No.33454 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,[Order of the Court was made by M.SUNDAR. J.,]Mr. R.Sankarasubbu, learned counsel for writ petitioner submits that writ petitioner has given a representation dated 13.02.2024 with a prayer for removal of alleged encroachments by R4 to R7 in 'Old Survey No.559/2, New Survey Nos.559/46, 559/47 and 559/48 in Vanganoor Village, Pallipattu Taluk, Thiruvallur District' [hereinafter 'said land' for the sake of brevity].2. For the present, issue notice regarding admission to official respondents.3. Mr.T.K.Saravanan, learned Government Advocate, accepts notice for R1 to R3.4. Learned State counsel requests for time to get instructions and revert to this Court. Request acceded to.5. List in the Admission Board i.e., Motion List but under the cause list caption 'NOTICE REGARDING ADMISSION' a fortnight hence.List on 02.12.2024.''2. Today, Mr.R.Sankarasubbu, learned counsel Page Nos.6/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024on record for writ petitioner is before us.3. Adverting to earlier proceedings dated 18.11.2024, Mr.T.K.Saravanan, learned Government Advocate submits that there has been no sub-division of Survey No.559/2. Learned State counsel requests for a short accommodation to file this in the form of a report along with copies of supporting documents and bring it on Board. Request acceded to.4. List one week hence in the Admission Board i.e., Motion List.5. List on 09.12.2024.'2. Today, Mr.R.Sankarasubbu, learned counsel on record for writ petitioner is before us.3. Adverting to earlier proceedings dated 02.12.2024, Mr.T.K.Saravanan, learned Government Advocate requests for further two weeks time to file a report. Request acceded to.List under the same cause list caption in the Admission Board i.e., Motion List on 02.01.2025.''PROCEEDINGS DATED 02.01.2025:'W.P.No.33454 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J., [Order of the Court was made by M.SUNDAR. J.,]Adverting to earlier proceedings dated 09.12.2024, learned State counsel requests for further time to file the report. Request acceded to.Page Nos.7/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 20242. List under the same cause list caption four weeks hence. List on 30.01.2025.'PROCEEDINGS DATED 30.01.2025:'W.P.No.33454 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,[Order of the Court was made by M.SUNDAR. J.,]Matter mentioned at half past ten.2. Mr.A.Sivakumar, learned counsel representing counsel on record for writ petitioner requests for an adjournment citing difficulty for arguing counsel.3. Mr.T.K.Saravanan, learned Government Advocate is before us.4. Request for adjournment acceded to.5. List under the same cause list caption i.e., 'NOTICE REGARDING ADMISSION' in the Admission Board i.e., Motion List one week hence.List on 06.02.2025.'Page Nos.8/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024PROCEEDINGS DATED 06.02.2025:'W.P.No.33454 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,(Order of the Court was made by M.SUNDAR.J.,)There is no representation for writ petitioner, however, Mr.T.K.Saravanan, learned Government Advocate is before us. With the intention of giving opportunity to the writ petitioner and learned counsel for writ petitioner, list this matter again under the same cause list caption in the Admission Board i.e., Motion List on Monday.2. List on 10.02.2025.'PROCEEDINGS DATED 10.02.2025:'W.P.No.33454 of 2024M.SUNDAR, J.,andK. GOVINDARAJAN THILAKAVADI , J., [Order of the Court was made by M.SUNDAR. J.,]Adverting to proceedings dated 09.12.2024, learned State Counsel requests for further time to file a report. Request acceded to.Page Nos.9/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 20242. List three weeks hence but in the Admission Board i.e., Motion List under the same cause list caption i.e., NOTICE REGARDING ADMISSION.List on 03.03.2025.'PROCEEDINGS DATED 05.03.2025:'W.P.No.33454 of 2024M.SUNDAR, J.,andK. GOVINDARAJAN THILAKAVADI.,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 10.02.2025.2. The status report dated 25.02.2025 filed by R3 along with typed-set of papers brings to light that R1 in and by proceedings dated 26.02.2001 bearing reference e/f/gp2/13991-2001 has issued patta qua S.No.559/2 to as many as 27 persons. Learned State counsel submits that the 27 persons include R4 to R7 and seeks time to produce patta issued to R4 to R7. Request acceded to.3. List under the same cause list caption in the Admission Board i.e., Motion List one week hence.List on 12.03.2025.'2. The aforementioned proceedings made in the previous listings Page Nos.10/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024capture the facts as well as the issues and the proceedings also bring to light the trajectory the captioned main WP has taken before this Court. Therefore, it will suffice to write that the aforementioned proceedings shall be read as an integral part and parcel of this order. To be noted, the short forms, short references and abbreviations used in the previous proceedings will continue to be used in the instant order also.3. Today, Mr.K.U.Sale Murugan, learned counsel on record for writ petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader for official respondents (R1 to R3) are before us.4. Pursuant to earlier proceedings, three pattas have been furnished by learned State counsel to learned counsel for writ petitioner and a scanned reproduction of the same are as follows:Page Nos.11/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024Page Nos.12/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024Page Nos.13/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024Page Nos.14/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024Page Nos.15/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024Page Nos.16/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024Page Nos.17/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 20245. Aforementioned three pattas are in favour of R4 to R6. It is submitted that R7 is spouse of R4 and there is a sale deed in favour of R7 qua lands which were the subject matter of aforementioned three pattas. This submission made by learned State counsel is recorded.6. Learned counsel for writ petitioners submits that the pattas are not in order. They are vitiated inter-alia as pattas have been given for public land and that the pattas ought not to have been granted. It is now open to the writ petitioner and/or any other person concerned with the matter to assail the grant of pattas/pattas. If such proceedings are launched by the writ petitioner or any other person, we make it clear that R4 to R7 shall be put on notice by the authority/forum concerned and all the rights and contentions of private respondents/R4 to R7 stand preserved. This means that this order does not touch upon the rights of private respondents/R4 to R7 much less is this order adverse to private respondents R4 to R7. We have also preserved all the rights and contentions of R4 to R7. Therefore, there is no impediment in taking up the main WP with the consent of learned counsel for writ petitioner and learned State counsel for official respondents. We do so.Page Nos.18/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 20247. Captioned WP is taken up with the consent of both sides in the Admission Board and is disposed of as closed albeit preserving all the rights and contentions of writ petitioner as well as private respondents/R4 to R7 if the writ petitioner chooses to assail the pattas and/or grant of pattas. Any challenge to pattas/grant of pattas in favour of R4 to R7 shall be dealt with by the Authorities/Forum/Court concerned on its own merits and in accordance with law untrammelled by instant order.8. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 12.03.2025Index : Yes / NoNeutral Citation : Yes / NommiTo1.The District Collector, Ranipet District, Kelles Road, Navalpur, Ranipet – 632 401.Page Nos.19/20 https://www.mhc.tn.gov.in/judis W.P.No.33454 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mmi2.The Revenue Divisional Officer, Arakkonam Division, RDO Office, Winterpet Post, Arakkonam – 631 005.3.The Tahsildar, Tahsildar Office, Arakkonam. W.P.No.33454 of 2024 12.03.2025Page Nos.20/20