Madrasdated High Court · 2025

W.P.No.38496 of 20244.Public Works Department20/B VRP ChatramSriperumbudurTamil Nadu - 602 105.5.D.Baskar...Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to remove the encroachment on the petitioner's land i.e., land bearing No.39/26, Santhavelur Village, Sriperumbudur Taluk, Kancheepuram District within the time.For Petitioner : Ms.V.Pavithrafor Ms.V.SrimathiFor Respondents:Mr.T.K.SaravananAdditional Government Pleaderfor R1 to R4O R D E R[Order of the Court was made by M.SUNDAR, J.,]Subject matter of captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} is 'Survey No.39/26 in Santhavelur Village, Sriperumbudur Taluk, Kancheepuram District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.Page Nos.2/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 20242. Ms.V.Pavithra, learned counsel representing counsel on record for writ petitioner submits that there is alleged encroachment in said land and that alleged encroacher is R5 [D.Baskar].3. Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 02.01.2025 and 30.01.2025 which read as follows:Proceedings dated 02.01.2025:'W.P.No.38496 of 2024and W.M.P. No.41702 of 2024M.SUNDAR.J.,andK.RAJASEKAR, J.,(Order of the Court was made by M.SUNDAR, J.,)This is second round of writ petition in this Court. Earlier round is vide W.P.No.148 of 2016 and the same together with writ miscellaneous petition (WMP) thereat came to be disposed of by another Hon'ble Division Bench vide order dated 18.01.2019. To be noted, the lone writ petitioner is the writ petitioner in earlier round too. 2. Complaining of non-compliance qua 18.01.2019 order, contempt petition in Cont.P.No.183 of 2020 was filed and the contempt petition was disposed of in and by an order dated 21.09.2021 by another Hon'ble Division Bench. In this contempt petition, there is a reference to an order dated 27.01.2021 made by R3 (Tahsildar, Sriperumbudur, Kancheepuram District). Ms.V.Srimathi, learned counsel on record for writ petitioner submits that this 27.01.2021 order was never served on the writ petitioner.Page Nos.3/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 20243. Issue notice to official respondents.4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R4 and requests for a short accommodation to get instructions and revert to this Court.5. Let a copy of aforementioned order dated 27.01.2021 be placed before this Court by learned State counsel in the next listing.6. List four weeks hence. List on 30.01.2025.'Proceedings dated 30.01.2025:'W.P. No.38496 of 2024and W.M.P. No.41702 of 2024M.SUNDAR,J.,andK.RAJASEKAR, J.,(Order of the Court was made by M.SUNDAR, J.)Adverting to earlier proceedings dated 02.01.2025, learned State counsel requests for further time. Request acceded to.2. List a fortnight hence. List on 13.02.2025.'4. Aforementioned proceedings / orders are telltale qua factual matrix as well as the trajectory the matter has taken before this Court.5. Aforementioned proceedings shall now be read as an integral part and parcel of this order. This means that short forms, abbreviations and short references used in the earlier proceedings shall now continue to be Page Nos.4/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 2024used in the instant order too.6. Complaining of encroachment in said land, writ petitioner filed a writ petition in W.P.No.148 of 2016 and this writ petition along with writ miscellaneous petition thereat came to be disposed of by another Hon'ble Division Bench in and by an order dated 18.01.2019 inter alia directing official respondents to inspect and holding that official respondents are entitled to take action, if they find any encroachment. This is set out inter alia in paragraph No.11 of the order dated 18.01.2019 in W.P.No.148 of 2016. Thereafter, complaining of non-compliance qua afore-referred 18.01.2019 order in W.P.No.148 of 2016, writ petitioner before us filed a contempt petition in Cont P.No.183 of 2020 and the same came to be disposed of by another Hon'ble Division Bench in and by an order dated 21.09.2021 and scanned reproduction of this order is as follows:Page Nos.5/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 2024Page Nos.6/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 2024Page Nos.7/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 20247. Thereafter, aforementioned proceedings / orders in earlier listings in captioned WP on 02.01.2025 and 30.01.2025 came to be made.8. Today, learned State counsel has placed before us proceedings of R3 being proceedings dated 27.07.2021 bearing reference Na.Ka.4338/20217/Aa1 which reads as follows:Page Nos.8/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 2024Page Nos.9/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 2024Page Nos.10/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 2024Page Nos.11/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 20249. There are two aspects of the matter. A careful perusal of afore-referred proceedings of R3 brings to light that writ petitioner has been given an opportunity and writ petitioner has made statement before R3 and 27.07.2021 proceedings came to be made inter alia on the basis of statement of writ petitioner. Another aspect of the matter is, R3 has concluded that there is no encroachment qua said land. On both these aspects, if writ petitioner has any disputation or contestation, the same has to be canvassed by assailing (obviously in a manner known to law) the order dated 27.01.2021 bearing reference Na.Ka.4338/20217/Aa1 made by R3. In other words, no relief can be granted in the captioned WP but we deem it appropriate to record that all rights and contentions of writ petitioner are Page Nos.12/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 2024preserved for assailing 27.01.2021 bearing reference Na.Ka.4338/20217/Aa1 made by R3, if so advised and if so desired. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter qua 27.01.2021 order of R3Captioned WP disposed of in the aforesaid manner. Consequently, connected Writ Miscellaneous Petition is disposed of as closed. There shall be no order as to costs.[M.S.,J.][K.G.T.,J.] 13.02.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking order / Non-speaking ordermkPage Nos.13/14 https://www.mhc.tn.gov.in/judis W.P.No.38496 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mkTo1.The District Collector1st Floor, Collectorate Kancheepuram DistrictTamil Nadu - 631 501.2.The Revenue Divisional officerSriperumbudurKancheepuram DistrictTamil Nadu - 602 105.3.The TahsildarSriperumbudurKancheepuram DistrictTamil Nadu - 602 105.4.Public Works Department20/B VRP ChatramSriperumbudurTamil Nadu - 602 105.W.P.No.38496 of 202413.02.2025Page Nos.14/14