Madras High Court
J.P.R.M.Vadivel vs The Principal Secretary on 12 November, 2024
Author: M.Sundar
Bench: M.Sundar
W.P.No.33593 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.33593 of 2024
J.P.R.M.Vadivel
S/o.Late Munusamy ... Petitioner
Vs.
1. The Principal Secretary
Revenue Department
State of Tamil Nadu
Secretariat, Chennai-600 009.
2. The District Collector
O/o. The District Collector
Tiruvannamalai District.
3. The District Revenue Officer
O/o. The District Revenue Officer
Tiruvannamalai District.
4. The Revenue Divisional Officer
O/o. The Revenue Divisional officer
Tiruvannamalai District.
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W.P.No.33593 of 2024
5. The District Forest Officer
O/o. The District Forest Officer
Tiruvannamalai District.
6. The Tahsildar
O/o. The Tahsildar
Tiruvannamalai Taluk & District.
7. The Village Administrative Officer (VAO)
Adi Annamalai Village & Post
Tiruvannamalai Taluk & District.
8. The Block Development Officer (BDO)
Tiruvannamalai Taluk & District. ... Respondents
Prayer :
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Mandamus to direct the respondents to stop any
further construction or other activities in Survey No.57, Adi Annamalai
Village, Adaiyur Taluk, Tiruvannamalai District and handover alternative
land in Survey No.57, Adi Annamalai Village, Adaiyur Taluk,
Tiruvannamalai District taken unlawfully from the petitioner without any
proper notice or provide alternative land to the petitioner.
For Petitioner : Ms.A.Mageshwari
For Respondents : Mr.T.K.Saravanan
Government Advocate
for R1 to R4, R6 and R7
Dr.T.Srinivasan
Special Government Pleader, for R5
Mr.M.Murali
Government Advocate, for R8
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W.P.No.33593 of 2024
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'land comprised in S.No.57 in Adi Annamalai Village, Adaiyur Taluk, Tiruvannamalai District admeasuring total extent of 0.43.5 ares' {hereinafter 'said entire land' for the sake of brevity}.
2. Ms.A.Mageshwari, learned counsel on record for writ petitioner submits that an extent of 0.02.0 ares from and out of said entire land is in occupation of writ petitioner. This '0.02.0 ares of land' shall be referred to as 'said land' for the sake of convenience and clarity.
3. Learned counsel for writ petitioner submitted that said entire land was purchased for valuable consideration and it was prayed (in the captioned WP) to restrain respondents from putting up construction in said land.
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4. Issue notice to respondents.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R4, R6 and R7, Dr.T.Srinivasan, learned Special Government Pleader accepts notice for R5 and Mr.M.Murali, learned Government Advocate accepts notice for R8.
6. Learned State Counsel submits that said entire land is classified as 'Punjai Tharisu' and proceedings have been initiated under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said Act' for the sake of brevity}.
7. Owing to the limited scope of captioned WP, main WP was taken up with the consent of both sides in the Admission Board.
8. Learned State Counsel drew our attention to a notice dated 20.08.2024 under Section 7 of said Act and a scanned reproduction of the same is as follows:
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9. Learned counsel for writ petitioner admitted the receipt of aforementioned notice and submitted that the writ petitioner has not sent any reply to said notice.
10. In our considered view as proceedings under said Act have been initiated, the same has to be carried to its logical end. This Court has repeatedly held that said Act is a self-contained code which provides for alleged encroacher being show caused under Section 7 of said Act followed by an order under Section 6 of said Act which is appealable under Section 10 of said Act to the District Collector with a further provision for revision under Section 10-A of said Act and there is also a provision for interim orders vide Section 10-B of said Act pending appeal/ revision.
11. As proceedings under said Act have been commenced, we find that it will suffice to say that the same has to be carried to its logical end on its own merits and in accordance with law. We have also noted that writ petitioner (when show caused) has not responded to notice under Section 7 Page Nos.6/9 https://www.mhc.tn.gov.in/judis W.P.No.33593 of 2024 of said Act. Be that as it may, we find that the prayer is very intriguing.
The reason is, the prayer is for mandamus to restrain respondents from putting up construction in said land. For these reasons, captioned WP does not find favour with this Bench.
In the light of the narrative thus far, Captioned WP is dismissed.
There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.)
12.11.2024
Index : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-speaking order mk Page Nos.7/9 https://www.mhc.tn.gov.in/judis W.P.No.33593 of 2024 To
1. The Principal Secretary Revenue Department State of Tamil Nadu Secretariat, Chennai-600 009.
2. The District Collector O/o. The District Collector Tiruvannamalai District.
3. The District Revenue Officer O/o. The District Revenue Officer Tiruvannamalai District.
4. The Revenue Divisional Officer O/o. The Revenue Divisional officer Tiruvannamalai District.
5. The District Forest Officer O/o. The District Forest Officer Tiruvannamalai District.
6. The Tahsildar O/o. The Tahsildar Tiruvannamalai Taluk & District.
7. The Village Administrative Officer (VAO) Adi Annamalai Village & Post Tiruvannamalai Taluk & District.
8. The Block Development Officer (BDO) Tiruvannamalai Taluk & District.
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