Madrasdated High Court · 2025

W.P.No.39956 of 20245.The Executive Engineer, Zone-1Greater Chennai Corporation Zonal Office-01No.945, T.H.Road, Thiruvottiyur,Chennai-19. ... RespondentsPrayer :Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing or forbearing the respondents from interfering with the peaceful possession and enjoyment of petitioner's property at Door No.23/17, Plot No.3, Thiruvallur Nagar 1st Street, Ennore, Chennai-600 057 comprised in Survey No.20 of Kathivakkam Village, Tiruvotriyur Taluk (formerly Saidapet Taluk) Chennai District (formerly Chengalpet District) except by due process of law.For Petitioner : Mr.Manoj SreevalsanFor Respondent:Mr.T.K.SaravananGovernment Advocate, for R1 to R3Mr.G.T.Subramanian Standing Counselfor R4 and R5O R D E R[Order of the Court was made by M.SUNDAR, J.,]Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'property at Door No.23/17, Plot No.3, Thiruvallur Page Nos.2/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Nagar 1st Street, Ennore, Chennai-600 057 comprised in Survey No.20 of Kathivakkam Village, Tiruvotriyur Taluk (formerly Saidapet Taluk) Chennai District (formerly Chengalpet District)' {hereinafter 'said property' for the sake of brevity, convenience and clarity}.2. A 'Show Cause Notice' {hereinafter 'SCN' for the sake of brevity} under Section 128 of TNULB Act signed on 26.08.2023 by R5 and the Regional Deputy Commissioner of Greater Chennai Corporation was issued to the writ petitioner. This notice bears reference 'Notice No.Z.O.X.C.No./50/2023' and the same shall hereinafter be referred to as 'said SCN'. Writ petitioner has shown cause by responding to said SCN vide response dated 08.09.2023 enclosing supporting documents as enclosures. Notwithstanding this position, writ petitioner is under pain of dispossession and that has necessitated the filing of captioned main WP is learned counsel's say.3. Issue notice to respondents.4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents 1 to 3 and Mr.G.T.Subramanian, learned Standing Counsel accepts notice for R4 and R5.Page Nos.3/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 20245. Mr.G.T.Subramanian, learned Standing Counsel for Greater Chennai Corporation who has accepted notice for R4 and R5 submits that the matter pertains to 'Survey No.20 of Kathivakkam Village, Tiruvotriyur Taluk (formerly Saidapet Taluk) Chennai District (formerly Chengalpet District)' {hereinafter 'said survey number' for the sake of brevity}. Learned Standing Counsel for Greater Chennai Corporation submits that a similar SCN (similar to said SCN) issued to three other persons in different door numbers in the same survey number was assailed by them vide W.P.No.39762 of 2024 and the same came to be disposed of by a Hon'ble Division Bench (Vacation Court) on 27.12.2024. We ferreted out the order from the official website of this Court and a scanned reproduction of the same is as follows:Page Nos.4/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Page Nos.5/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Page Nos.6/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Page Nos.7/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Page Nos.8/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 20246. Owing to the limited scope of the captioned main WP, main WP was taken up in the Admission Board with the consent of both sides.7. A careful perusal of the afore-referred order dated 27.12.2024 in W.P.No.39762 of 2024 brings to light that only difference qua captioned WP is, the writ petitioner in the captioned WP has responded to said SCN. Therefore, recording this position (response dated 08.09.2023 which has been captured supra), we hold that the same order i.e., order dated 27.12.2024 in W.P.No.39762 of 2024 will govern the captioned WP also.8. Be that as it may, in addition to the aforementioned earlier order made by Hon'ble Division Bench governing the captioned WP, Mr.T.K.Saravanan, learned State Counsel submits that action under '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} is envisaged and necessary preliminary notices have been issued. If action under Tanks Act is to be initiated, though obvious we make it clear that procedure laid down by Hon'ble Full Bench in T.K.Shanmugam case {T.K.Shanmugam Vs. State of Tamil Nadu [2015 (5) LW 397]} more particularly sub sub-paragraphs (i) to (iii) of sub-Page Nos.9/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024paragraph (f) of paragraph No.15 has to be followed. To be noted, paragraph 15(f)(i)(ii) and (iii) of T.K.Shanmugam case read as follows:'15. Certain provisions of Tank Act namely, Sections 4 to 10 were challenged in a Writ Petition with a prayer to declare those provisions as null and void and contrary to Article 14 of the Constitution of India on the ground that those provisions confer upon the executive, unguided and uncanalised discretionary power, since they denied to the persons aggrieved an opportunity of being heard. The said Writ petition was heard by a Division Bench to which one of us (M.Sathyanarayanan,J.) was a party. The Division Bench took note of the various decisions including the decision in the case of Sivakasi Region Tax Payers Association (supra), disposed of the Writ Petitions without declaring the provisions of the Act as unconstitutional, since no opportunity is given and held that there is nothing in the Act which excludes the principles of natural justice, the Act (Tank Act) does not specifically indicate that the encroachers do not have right to be heard and issued the following directions vide judgment dated 10.02.2010, reported in 2010 3 MLJ 771.(a) ...................(b)...................(c)...................(d)...................(e)...................Page Nos.10/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024(f)We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under.(i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued.(ii) On receipt of the said notice, the encroacher may give his/her objections relating to the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks.(iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance with the provisions of the Act, giving time to the encroachers to remove the encroachment.' 9. This means that writ petitioner will be put on notice / show caused under Tanks Act also. If such a course is adopted, this order will neither impede nor serve as impetus for either of the parties. Page Nos.11/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Captioned WP is disposed of in the above said manner. Consequently, captioned Writ Miscellaneous Petition is disposed of as closed. There shall be no order as to costs.(M.S.,J.)(K.R.S.,J.) 03.01.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking order / Non-speaking ordermkTo1.State of Tamil NaduRep. by the District CollectorChennai District.2.The Revenue Divisional Officer(North Chennai Division)Tondiarpet, Chennai-81.3.The TahsildarThiruvotriyur TalukNo.304/936, T.H.RoadEllaiamman Koil StreetThiruvotriyur, Chennai-19.4.The Zonal Officer, Zone-1Greater Chennai CorporationThiruvotriyur, Chennai-19.5.The Executive Engineer, Zone-1Greater Chennai Corporation Zonal Office-01No.945, T.H.Road, Thiruvottiyur,Chennai-19.Page Nos.12/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,mkW.P.No.39956 of 202403.01.2025Page Nos.13/13

W.P.No.39956 of 20245.The Executive Engineer, Zone-1Greater Chennai Corporation Zonal Office-01No.945, T.H.Road, Thiruvottiyur,Chennai-19. ... RespondentsPrayer :Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing or forbearing the respondents from interfering with the peaceful possession and enjoyment of petitioner's property at Door No.23/17, Plot No.3, Thiruvallur Nagar 1st Street, Ennore, Chennai-600 057 comprised in Survey No.20 of Kathivakkam Village, Tiruvotriyur Taluk (formerly Saidapet Taluk) Chennai District (formerly Chengalpet District) except by due process of law.For Petitioner : Mr.Manoj SreevalsanFor Respondent:Mr.T.K.SaravananGovernment Advocate, for R1 to R3Mr.G.T.Subramanian Standing Counselfor R4 and R5O R D E R[Order of the Court was made by M.SUNDAR, J.,]Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'property at Door No.23/17, Plot No.3, Thiruvallur Page Nos.2/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Nagar 1st Street, Ennore, Chennai-600 057 comprised in Survey No.20 of Kathivakkam Village, Tiruvotriyur Taluk (formerly Saidapet Taluk) Chennai District (formerly Chengalpet District)' {hereinafter 'said property' for the sake of brevity, convenience and clarity}.2. A 'Show Cause Notice' {hereinafter 'SCN' for the sake of brevity} under Section 128 of TNULB Act signed on 26.08.2023 by R5 and the Regional Deputy Commissioner of Greater Chennai Corporation was issued to the writ petitioner. This notice bears reference 'Notice No.Z.O.X.C.No./50/2023' and the same shall hereinafter be referred to as 'said SCN'. Writ petitioner has shown cause by responding to said SCN vide response dated 08.09.2023 enclosing supporting documents as enclosures. Notwithstanding this position, writ petitioner is under pain of dispossession and that has necessitated the filing of captioned main WP is learned counsel's say.3. Issue notice to respondents.4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents 1 to 3 and Mr.G.T.Subramanian, learned Standing Counsel accepts notice for R4 and R5.Page Nos.3/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 20245. Mr.G.T.Subramanian, learned Standing Counsel for Greater Chennai Corporation who has accepted notice for R4 and R5 submits that the matter pertains to 'Survey No.20 of Kathivakkam Village, Tiruvotriyur Taluk (formerly Saidapet Taluk) Chennai District (formerly Chengalpet District)' {hereinafter 'said survey number' for the sake of brevity}. Learned Standing Counsel for Greater Chennai Corporation submits that a similar SCN (similar to said SCN) issued to three other persons in different door numbers in the same survey number was assailed by them vide W.P.No.39762 of 2024 and the same came to be disposed of by a Hon'ble Division Bench (Vacation Court) on 27.12.2024. We ferreted out the order from the official website of this Court and a scanned reproduction of the same is as follows:Page Nos.4/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Page Nos.5/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Page Nos.6/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Page Nos.7/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Page Nos.8/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 20246. Owing to the limited scope of the captioned main WP, main WP was taken up in the Admission Board with the consent of both sides.7. A careful perusal of the afore-referred order dated 27.12.2024 in W.P.No.39762 of 2024 brings to light that only difference qua captioned WP is, the writ petitioner in the captioned WP has responded to said SCN. Therefore, recording this position (response dated 08.09.2023 which has been captured supra), we hold that the same order i.e., order dated 27.12.2024 in W.P.No.39762 of 2024 will govern the captioned WP also.8. Be that as it may, in addition to the aforementioned earlier order made by Hon'ble Division Bench governing the captioned WP, Mr.T.K.Saravanan, learned State Counsel submits that action under '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} is envisaged and necessary preliminary notices have been issued. If action under Tanks Act is to be initiated, though obvious we make it clear that procedure laid down by Hon'ble Full Bench in T.K.Shanmugam case {T.K.Shanmugam Vs. State of Tamil Nadu [2015 (5) LW 397]} more particularly sub sub-paragraphs (i) to (iii) of sub-Page Nos.9/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024paragraph (f) of paragraph No.15 has to be followed. To be noted, paragraph 15(f)(i)(ii) and (iii) of T.K.Shanmugam case read as follows:'15. Certain provisions of Tank Act namely, Sections 4 to 10 were challenged in a Writ Petition with a prayer to declare those provisions as null and void and contrary to Article 14 of the Constitution of India on the ground that those provisions confer upon the executive, unguided and uncanalised discretionary power, since they denied to the persons aggrieved an opportunity of being heard. The said Writ petition was heard by a Division Bench to which one of us (M.Sathyanarayanan,J.) was a party. The Division Bench took note of the various decisions including the decision in the case of Sivakasi Region Tax Payers Association (supra), disposed of the Writ Petitions without declaring the provisions of the Act as unconstitutional, since no opportunity is given and held that there is nothing in the Act which excludes the principles of natural justice, the Act (Tank Act) does not specifically indicate that the encroachers do not have right to be heard and issued the following directions vide judgment dated 10.02.2010, reported in 2010 3 MLJ 771.(a) ...................(b)...................(c)...................(d)...................(e)...................Page Nos.10/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024(f)We uphold the Act, while we provide for observance of principles of natural justice within the Act itself, as under.(i) When the officer of the Public Works Department publishes the notice in Form-II in the notice boards of the offices of Village Administrative Officer, Village Panchayat Office and the Water Resources Organization, notice shall also be issued to the alleged encroacher to the effect that the survey indicates that the place in his/her occupation is an encroachment and secondly, the notice in Form-III of the Rules may be issued.(ii) On receipt of the said notice, the encroacher may give his/her objections relating to the classification of the land in his/her occupation and the nature of the encroachment within a period of two weeks.(iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance with the provisions of the Act, giving time to the encroachers to remove the encroachment.' 9. This means that writ petitioner will be put on notice / show caused under Tanks Act also. If such a course is adopted, this order will neither impede nor serve as impetus for either of the parties. Page Nos.11/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024Captioned WP is disposed of in the above said manner. Consequently, captioned Writ Miscellaneous Petition is disposed of as closed. There shall be no order as to costs.(M.S.,J.)(K.R.S.,J.) 03.01.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking order / Non-speaking ordermkTo1.State of Tamil NaduRep. by the District CollectorChennai District.2.The Revenue Divisional Officer(North Chennai Division)Tondiarpet, Chennai-81.3.The TahsildarThiruvotriyur TalukNo.304/936, T.H.RoadEllaiamman Koil StreetThiruvotriyur, Chennai-19.4.The Zonal Officer, Zone-1Greater Chennai CorporationThiruvotriyur, Chennai-19.5.The Executive Engineer, Zone-1Greater Chennai Corporation Zonal Office-01No.945, T.H.Road, Thiruvottiyur,Chennai-19.Page Nos.12/13 https://www.mhc.tn.gov.in/judis W.P.No.39956 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,mkW.P.No.39956 of 202403.01.2025Page Nos.13/13