Madras High Court
Ramesh @ Vengadesan vs The District Collector on 23 June, 2025
Author: M.Sundar
Bench: M.Sundar
2025:MHC:1504
W.P.No.20691 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025
Coram
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
W.P.No.20691 of 2024
Ramesh @ Vengadesan .. Petitioner
vs
1.The District Collector,
Chengalpattu District,
District Collector Office, VOC Nagar,
Chengalpattu, Ammanambakkam,
Tamil Nadu 603 001.
2.The Revenue Divisional Officer,
Chengalpattu,
Office of the Revenue Divisional Officer,
VOC Nagar, Chengalpattu,
Ammanambakkam,
Tamil Nadu 603 001.
3.The Assistant Director, Chengalpattu
Land Survey Department,
District Collector Office, VOC Nagar,
Chengalpattu, Ammanambakkam,
Tamil Nadu 603 001.
4.The Tahsildar
Thiruporur Tahshildar Office,
Taluk Office Road,
Thiruporur,
Tamil Nadu 603 110.
1/12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm )
W.P.No.20691 of 2024
5.The Municipal Commissioner,
Thiruporur Town Panchayat Office,
Thiruporur, Tamil Nadu 603 110.
6.The Block Development Officer,
Thiruporur Block Development Office,
Thandalam, Tamil Nadu 603 105.
7.The Panchayat President
Thaiyur Village,
Thaiyur Panchayat Union Office,
Thaiyur, Tamil Nadu 603 103.
8.The Secretary,
Thaiyur Village,
Thaiyur Panchayat Union Office,
Thaiyur, Tamil Nadu 603 103.
9.Ishq @ Loganathan .. Respondents
Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of mandamus directing the
respondents 1 to 8 to remove the encroachment made by the 9th
respondent in a public road comprised in 308/14 measuring an
extent of 23 feet Chinnama Nagar, Thaiyur Village, Chengalpattu –
603 103 situated in Thiruporur Taluk, Chengalpattu District blocking
access to the petitioner's property situated at 309/6B, Chinnama
Nagar, Thaiyur Village, Chengalpattu.
For Petitioner : Mr.S.Bala Ganesh
For Respondents : Mr.M.S.Arasa Kumar
Government Advocate
for R1 to R4 and R8
Mr.T.K.Saravanan
Additional Government Pleader
for R5 to R7
2/12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm )
W.P.No.20691 of 2024
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is listed under the cause list caption 'FOR DISMISSAL' owing to there being no representation for writ petitioner in the previous listing on 20.06.2025. Today, Mr.S.Bala Ganesh, learned counsel for writ petitioner expresses regret for missing the matter in the previous listing. Cause list caption 'FOR DISMISSAL' stands deleted and the matter is taken up for hearing.
2. Captioned WP has been filed with a prayer to mandamus official respondents R1 to R8 to remove alleged encroachment in 'Survey No.308/14 in Thaiyur Village, Thiruporur Taluk, Chengalpet District' (hereinafter 'said land' for the sake of convenience and clarity). Learned counsel for writ petitioner submits that said land is situate in what is referred to as Chinnama Nagar, revenue classification of said land is 'public road' and learned counsel alleges that R9 has encroached upon said land. Repeated requests for removal of encroachment have not yielded results and that has necessitated the captioned WP is learned counsel's further say.
3. Issue notice to official respondents. 3/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024
4. Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R4 and R8 and Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R5 to R7.
5. Learned State counsel on instructions denies the allegation of inaction and says that proceedings have already been initiated inter-alia against R9 under 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} by virtue of show cause notice under Section 7 of said 1905 Act being notice dated 08.08.2023.
6. Learned State counsel submits that post Section 7 notice, an order under Section 6 of said 1905 Act has also been made by R4 (Tahsildar, Thiruporur).
7. Be that as it may, learned State counsel brings to the notice of this Court that R9 has filed a suit in 'O.S.No.326 of 2023 on the file of District Munsif cum Judicial Magistrate, Thiruporur' (hereinafter 'said suit' for the sake of convenience and clarity) against five private individuals (without making State a party) and obtained a bare injunction decree against five private parties qua 4/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024 said land. This Court ferreted out the details of said suit from the official e-courts website and scanned reproduction of the same are as follows:
5/12
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024 6/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024
8. As regards said suit it comes to light that decree dated 04.09.2023 is an exparte decree. It also comes to light that writ petitioner is D1 in the said suit and D1 has refused to receive suit summons. We leave open all the rights and contentions of R9 as well as five defendants qua said suit.
9. As regards the proceedings under said 1905 Act, Section 14 of said 1905 Act captioned 'Bar of jurisdiction of Courts' is of relevance and the same reads as follows:
'14.Bar of jurisdiction of Courts.-
Notwithstanding anything contained in any law for the time being in force, no order passed or proceeding taken by any officer or authority or the State Government under this Act shall be called in question in any Court, in any suit or application and 7/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024 no injunction shall be granted by any Court in respect of any action taken or to be taken by such officer or authority or the State Government in pursuance of any power conferred by or under this Act.'
10. A careful perusal of Section 14 of said 1905 Act makes it clear that the aforereferred Section 7 notice dated 08.08.2023 or for that matter Section 6 notice/order cannot be challenged in a civil suit much less can there be an injunction qua proceedings under said 1905 Act. In any event, in the aforereferred said suit, State is not a party and only private respondents are parties. In the light of Section 14 of said 1905 Act, Section 7 notice and further notices/orders pursuant to the same will remain without being impacted by the exparte decree. To be noted, we have already preserved the rights and contentions of plaintiffs and five defendants in the said suit. Therefore, we dispense with notice to R9 and take up the captioned main WP with the consent of learned counsel for writ petitioner and learned State counsel. In this regard, we also make it clear that all the rights and contentions of R9 in the proceedings under said 1905 Act stand preserved untrammelled by this order. This is another reason why notice to R9 is dispensed with and the main WP is taken up.
8/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024
11. In this regard, before proceeding further, it is deemed appropriate to write that this Court, in order dated 29.04.2025 in W.P.Nos.8355 and 8357 of 2022 and W.M.P. Nos.8324 and 8237 of 2022 thereat reported in Neutral Citation [2025:MHC:1162], respectfully adverting to the Girnar principle i.e., Girnar Traders (3) Vs. State of Maharashtra reported in (2011) 3 SCC 1, held that said 1905 Act is a self contained Code. To be noted, Girnar principle is one where Hon'ble Supreme Court declared the law as regards what would be a self contained Code. It was held that a statute, which is a complete legislation with regard to the purpose for which it is enacted and provides for complete machinery to deal with purposes sought to be achieved by the statute with dependence on other legislations being absent or at best minimal, is a self contained Code.
12. In this context, as regards said 1905 Act, inter alia, 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 of said 1905 Act. Pending appeal / revision, there is a provision 9/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024 for making interim prayer vide Section 10-B of said 1905 Act. Such a three-tier machinery has been put in place to check unauthorised occupation of lands which are the properties of the Government by imposition of penal or prohibitory assessment or charge, after giving adequate and ample opportunity to a person who is alleged to be in occupation of public roads, streets, lanes and paths, bridges, ditches, dikes and fences, rivers, streams, nalas, lakes, tanks and such other properties of Government. Suffice to say that said 1905 Act is clearly a self-contained Code.
13. At the risk of repetition, we make it clear that all rights of R9 qua said 1905 Act proceedings stand preserved and let the same continue and be carried to its logical end.
14. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 23.06.2025 Index : Yes Neutral Citation : Yes mmi 10/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024 To
1.The District Collector, Chengalpattu District, District Collector Office, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu 603 001.
2.The Revenue Divisional Officer, Chengalpattu, Office of the Revenue Divisional Officer, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu 603 001.
3.The Assistant Director, Chengalpattu Land Survey Department, District Collector Office, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu 603 001.
4.The Tahsildar Thiruporur Tahshildar Office, Taluk Office Road, Thiruporur, Tamil Nadu 603 110.
5.The Municipal Commissioner, Thiruporur Town Panchayat Officer, Thiruporur, Tamil Nadu 603 110.
6.The Block Development Officer, Thiruporur Block Development Office, Thandalam, Tamil Nadu 603 105.
7.The Panchayat President Thaiyur Village, Thaiyur Panchayat Union Office, Thaiyur, Tamil Nadu 603 103.
8.The Secretary, Thaiyur Village, Thaiyur Panchayat Union Office, Thaiyur, Tamil Nadu 603 103.
11/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm ) W.P.No.20691 of 2024 M.SUNDAR, J., and R.SAKTHIVEL , J., mmi W.P.No.20691 of 2024 23.06.2025 12/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 05:09:26 pm )