S.Venkateesan v. The State Of Tamilnadu
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 and W.M.P.No.3831 of 2025 S.Venkateesan S/o.Sembu
...Petitioner
Vs 1.
The State of Tamil Nadu Rep. by the Secretary to Government Revenue Department Fort St.George, Chennai-9.
2.
The District Collector Tiruvannamalai Tiruvannamalai District.
3.
The Revenue Division Officer Cheyyar Tiruvannamalai District.
4.
The Tahsildar Vembakkam Tiruvannamalai District.
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5.
The Assistant Director Animal Husbandry Department Arani Tiruvannamalai District.
6.
G.Pandurangan S/o.Gopal
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 5th respondent in Na.Ka.No.334/A/2020 dated 21.01.2025 and quash the same and further directing the 2nd respondent to survey petitioner's house site comprised in dry Survey No.126/1, classified as Mantheiveli Purambokku land situate in Moranam Village, Vembakkam Taluk, Tiruvannamalai District - 604 407 and to carry out re-classification of the land as natham purambokku land and to issue patta to the petitioner or to provide alternate house site measuring 3 cents situate in the opposite land comprised in Survey No.278/2 and issue patta within time limit to be fixed by this Court as per petitioner's representation dated 25.01.2025. For Petitioner :
Mr.Secular S.Arunkumar For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R5
O 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, convenience and clarity} has been filed inter alia assailing an order dated 21.01.2025 bearing reference Na.Ka.No.334/A/2020 made by R5 [the Assistant Director, Animal Husbandry Department, Arani, Tiruvannamalai Page Nos.2/8
District]. This '21.01.2025 order' shall hereinafter be referred to as 'impugned order' for the sake of brevity, convenience and clarity. A scanned reproduction of the impugned order is as follows: Page Nos.3/8
2. Impugned order says that writ petitioner has encroached upon 'land in Survey No.126/1, classified as 'Mantheiveli Porambokku' in Moranam Village, Vembakkam Taluk, Tiruvannamalai District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.
3. Mr.Secular S.Arunkumar, learned counsel on record for writ petitioner submitted that writ petitioner has neither been show-caused nor given an opportunity but impugned order has been passed directly.
4. Issue notice to official respondents.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R5 and learned State Counsel submits, on instructions, that 'alternate site of 100 sq.mt in Anadeenam S.No.321/3, same Village, namely, No.18, Mooranam Village in Vembakkam Taluk, Tiruvannamalai District' {hereinafter 'said alternate site' for the sake of brevity, convenience and clarity} has been offered to writ petitioner, saying so, learned State Counsel, waiving privileged communication immunity, has placed before us written communication from R4 to learned State Counsel and a scanned reproduction of the same is as follows:
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6. Learned counsel for writ petitioner, on instructions, submits that writ petitioner accepts said alternate site.
7. This Court is informed that R6 (private respondent) owns lands in and around said land and R6 is keen to see that writ petitioner moves out.
8. As the writ petitioner has accepted said alternate site, learned counsel for writ petitioner submits that writ petitioner will move to said alternate site as soon as formal orders in this regard are issued. Page Nos.6/8
Recording the stated position of both learned counsel for writ petitioner and learned State Counsel, captioned WP is disposed of as closed. Consequently, connected writ miscellaneous petition is closed. There shall be no order as to costs.
[M.S.,J.] [K.G.T.,J.] 10.02.2025 Index : Yes / No Speaking order / Non-speaking order mk To 1.
The State of Tamil Nadu Rep. by the Secretary to Government Revenue Department Fort St.George, Chennai-9.
2.
The District Collector Tiruvannamalai Tiruvannamalai District.
3.
The Revenue Division Officer Cheyyar Tiruvannamalai District.
4.
The Tahsildar Vembakkam Tiruvannamalai District.
5.
The Assistant Director Animal Husbandry Department Arani, Tiruvannamalai District.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 10.02.2025 Page Nos.8/8