Tmt.Venda v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Tmt.Venda W/o.Sankar ... Petitioner vs

1. The District Collector Thiruvallur District Thiruvallur

2. The Revenue Divisional Officer Thiruthani Thiruvallur District

3. The Tahsildar Pallipattu Taluk Thiruvallur District

4. The Executive Officer Pothatturpettai Pallipattu Taluk Thiruvallur District

5. E.B.Murugesan S/o.Boopathy ... Respondents Writ Petition filed under Article 226 of The Constitution of India Page Nos.1/8

praying to issue a Writ of Mandamus directing the respondents 1 to 4 to remove all the encroachments, namely Godown and Marriage Hall including 5th respondent in S.Nos.34/8 and 29/8 classified as canal and pond situated at Pothattur Village, Pallipattu Taluk, Thiruvallur District based on the eviction proceedings of the 3rd respondent in Na.Ka.No.2734/2024/A3 dated 27.12.2024 and Na.Ka.No.1174/2024 of second respondent dated 06.12.2024 and retain the water body in its original position. For Petitioner :

Mr.S.Doraisamy for Mr.Elangovan For Respondents :

Mr.T.K.Saravanan Government Advocate for R1 to R4

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' ['WP' for the sake of brevity] has been filed with a mandamus prayer qua R1 to R4 seeking removal of alleged encroachment in 'S.Nos.34/8 and 29/8 (classified as canal and pond) in Pothattur Village, Pallipattu Taluk, Thiruvallur District' [hereinafter 'said lands' for the sake of brevity].

2. Mr.S.Doraisamy, learned counsel appearing for Mr.V.Elangovan, counsel on record for writ petitioner submits that R5 has constructed a Godown and a marriage hall in said lands and the same is encroachment. Repeated requests to official respondents to remove encroachments qua said Page Nos.2/8

land are in vain and that has necessitated the captioned WP is learned counsel's say.

3. Learned counsel also draws our attention to proceedings of R3 dated 06.12.2024 and proceedings of R2 dated 27.12.2024 which read as follows:

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4. Issue notice to official respondents.

5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R4 and learned State counsel submits, on instructions, that action under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' [hereinafter 'said 1905 Act' for the sake of convenience] has been commenced, R5 has been show-caused vide Section 7 of said 1905 Act, survey has been conducted, encroachment has been found and orders under Section 6 of said 1905 Act have also been made. We record this submission.

6. We make it clear that all the rights and contentions of R5 (private respondent) are preserved when proceedings under said 1905 Act commence, continue and conclude. This means that there is no impediment in taking up the main WP in the Admission Board with the consent of learned State counsel and learned counsel for writ petitioner. We do so.

7. Learned State counsel submits that the proceedings under said 1905 Act would be completed as expeditiously as the business of official respondents would permit but in any event within four weeks from today i.e., on or before 10.03.2025. This submission is also recorded. We Page Nos.5/8

reiterate (as already alluded to supra) that all the rights and contentions of private respondent (R5) and/or any other person who is proceeded against qua said lands for removal of encroachment would stand preserved untrammeled by this order.

8. Let the proceedings that have already been commenced under said 1905 Act continue and let the same be concluded as expeditiously as possible and the official respondents shall ensure that rights of R5 (private respondent) and other alleged encroachers are not impeded by this order. Captioned WP disposed of in the aforesaid manner recording the stated position of learned State counsel. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 10.02.2025 Index : Yes / No Speaking / Non-speaking order gpa Page Nos.6/8

To

1. The District Collector Thiruvallur District Thiruvallur

2. The Revenue Divisional Officer Thiruthani Thiruvallur District

3. The Tahsildar Pallipattu Taluk Thiruvallur District

4. The Executive Officer Pothatturpettai Pallipattu Taluk Thiruvallur District Page Nos.7/8

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 10.02.2025 Page Nos.8/8