High Court · 2025

W.P. Nos.4739, 4742, 4743 and 4745 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.02.2025CORAM:THE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADIW.P. Nos.4739, 4742, 4743 and 4745 of 2025andW.M.P. Nos.5258,5259,5261 and 5262 of 2025K. ChokkalingamPetitioner in W.P.No.4739 of 2025R. PeriyasamyPetitioner in W.P.No.4742 of 2025K. PazhanivelPetitioner in W.P.No.4743 of 2025K. RamasamyPetitioner in W.P.No.4745 of 2025vs.1.The District Collector/ChairmanDistrict Rural Development AgencyDistrict Collectorate OfficeNamakkal District 637 0032.The Revenue Divisional OfficerThillaipuramNamakkal 637 0013.The TahsildarRasipuramNamakkal 637 4084.The Assistant Director of PanchayatParamathi RoadNamakkal 637 0015.The Block Development OfficerVennandur BlockNamakkal District 637 505Page Nos.1/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 20256.The Village Administrative Officer Vennandur BlockNamakkal District 637 5057.The PresidentThottiyavalasu PanchayatVannandur BlockNamakkal District 636 3018.J. RajaRespondents in all WPs(R-8 suo motu impleaded vide order dated 13.02.2025)Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the records in respect of impugned notice dated 'nil' issued by the President, Thottiyavalasu Panchayat, Vannandur Block, Namakkal District – 636 301 to the petitioners and quash the same.For petitioner inMs. D. Chitra Maragathamall WPsFor RR 1 to 7 inMr. T.K. Saravananall WPsAdditional Government PleaderFor R8 inMr. M. Murugananthamall WPsPage Nos.2/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 2025COMMON ORDER[made by M.SUNDAR, J.]In the captioned four main 'writ petitions' (hereinafter 'WPs' for the sake of brevity), a undated notice issued by R7 (President, Thottiyavalasu Panchayat, Vannandur Block, Namakkal District) has been called in question and scanned reproduction of the same is as follows:Page Nos.3/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 20252.The aforementioned notice issued by R7 shall, from here on and henceforth, be referred to as 'impugned notice' for the sake of convenience and clarity.Page Nos.4/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 20253.Ms. D. Chitra Maragatham, learned counsel for writ petitioners, submits that subject matter of captioned main WPs is 'lands comprised in S.Nos.96 and 99 in Keeranur Village, Thottiyavalasu Village Panchayat, Rasipuram Taluk, Namakkal District' (hereinafter 'said lands' for the sake of convenience and clarity).4.Impugned notice has been issued to the writ petitioners without they being show caused is learned counsel's emphatic say.5.Issue notice to official respondents.6.Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 7 and submits that the impugned notice has been issued pursuant to order of another Hon'ble Division Bench being order dated 24.02.2023 in W.P. No.5498 of 2023, a contempt petition being Cont. Petn. No.2453 of 2024 and order dated 23.08.2024 thereat. (To be noted, Cont. Petn. No.2453 of 2024 arises from order dated 24.02.2023 made in W.P.No.5498 of 2023).Page Nos.5/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 20257.Mr. M. Muruganantham (Enrolment No.886 of 2013) having address for service at M.M. Office, No.257, III Floor, Angappa Naicken Street, Canara Bank Building, Chennai – 600 001, who was present in Court, submitted that he has instructions from Mr. J. Raja, writ petitioner in W.P.No.5498 of 2023 which is a public interest litigation (PIL). We suo motu implead Mr. J. Raja as R8 and Mr.M.Muruganantham, learned counsel, accepts notice for R8. Mr.M.Muruganantham submitted that Mr. J. Raja filed W.P.No.5498 of 2023 in public interest and the same came to be disposed of on 24.02.2023 by another Hon'ble Division Bench.8.Owing to the limited legal perimeter of the captioned main WPs, captioned main WPs were taken up in the Admission Board with the consent of all three learned counsel.9.A careful perusal of order dated 24.02.2023 in PIL W.P. No.5498 of 2023 which is the genesis of the entire matter, brings to light that learned State counsel has made it clear that writ petitioners Page Nos.6/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 2025will be proceeded against under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act') by issuing notice under Section 7 followed by notice/order under Section 6 of said 1905 Act. The most relevant portion of the order of other Hon'ble Division Bench in this regard is contained in paragraph 4 and the same reads as follows:'4............ Learned Special Government Pleader sought for eight weeks' time to remove the encroachment made by the private respondents, after giving notice to them. He submitted that notice under Section 7, followed by notice under Section 6 of the Tamil Nadu Land Encroachment Act have to be issued to the encroachers.'10.Thereafter, R8 has filed Cont. Petn.No.2453 of 2024. In Cont. Petn. No.2453 of 2024, learned State counsel, on instructions from the jurisdictional Tahsildar, submitted that said lands have been classified as 'Thoppu Poramboke' (njhg;g[ bghwk;nghf;F) and that they vest in R5 herein and contempt petitioner therein (R8 herein) can make a representation to R5 herein. This submission of learned State counsel has been recorded.Page Nos.7/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 202511.The neat question which is necessary for disposal of the captioned main WPs is not really whom said lands vest in but whether action under said 1905 Act has been initiated as per earlier orders. The answer is clearly in the negative. This Court has already extracted and reproduced the relevant portion of the order of Hon'ble Division Bench made in PIL W.P.No.5498 of 2023 filed by R8 and therefore, initiating action against writ petitioners under said 1905 Act is imperative. The clear sequitur is, writ petitioners have to be show caused and given an opportunity. Writ petitioners cannot be straightaway called upon to remove alleged encroachments without being show caused. In this view of the matter, submission of learned State counsel that impugned notice is pursuant to earlier orders of this Court is unacceptable, which means that interfering with and quashing the impugned notice is inevitable. We do so. This further means that certiorari prayer is acceded to.12.Learned counsel for R8 submitted that it may be desirable to fix a timeline for removal of encroachment drill. In this regard, this Court reminds itself that it has repeatedly held that said 1905 Act is a Page Nos.8/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 2025self contained Code. The reason inter alia is that there is a provision to have the alleged encroacher show caused under Section 7 of said 1905 Act followed by an order (considering the cause shown). The order under Section 6 is appealable under Section 10 (District Collector is the appellate authority) and there is a provision for further revision to the Government under Section 10-A (Section 10-A(3) to be precise) of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Therefore, said 1905 Act is a self contained Code in every sense of the expression.13.Owing to said 1905 Act being a self contained Code with a inbuilt hierarchy, it may not be desirable to fix a timeline but we deem it appropriate to write that the proceedings under said 1905 Act shall be commenced and concluded as expeditiously as the business of official respondents would permit.Page Nos.9/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 202514.Ergo, the sequitur is, captioned main WPs are allowed i.e., certiorari prayer is answered in the affirmative i.e., acceded to but with aforementioned observations and directives. Consequently, captioned writ miscellaneous petitions thereat are disposed of as closed. There shall be no order as to costs.(M.S., J.) (K.G.T., J.)13.02.2025cadIndex:Yes/NoNC:Yes/NoPage Nos.10/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 2025To1.The District Collector/ChairmanDistrict Rural Development AgencyDistrict Collectorate OfficeNamakkal District 637 0032.The Revenue Divisional OfficerThillaipuramNamakkal 637 0013.The TahsildarRasipuramNamakkal 637 4084.The Assistant Director of PanchayatParamathi RoadNamakkal 637 0015.The Block Development OfficerVennandur BlockNamakkal District 637 5056.The Village Administrative Officer Vennandur BlockNamakkal District 637 5057.The PresidentThottiyavalasu PanchayatVannandur BlockNamakkal District 636 301Page Nos.11/12 https://www.mhc.tn.gov.in/judis W.P. Nos.4739, 4742, 4743 and 4745 of 2025M.SUNDAR, J.andK. GOVINDARAJAN THILAKAVADI, J.cadW.P. Nos.4739, 4742, 4743 and 4745 of 202513.02.2025Page Nos.12/12