Ramasamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI and W.M.P. Nos.4810, 4811, 4819, 4820, 4832, 4833, 4836, 4837, 4843, 4844, 4847 and 4848 of 2025 Ramasamy Petitioner in WP No.4298 of 2025 Ampayeram Petitioner in WP No.4310 of 2025 Palanivel Petitioner in WP No.4317 of 2025 Palaniammal Petitioner in WP No.4323 of 2025 Muthusamy Petitioner in WP No.4328 of 2025 Rajendran Petitioner in WP No.4330 of 2025 vs.

1.

The Tahsildar Ariyalur Taluk Ariyalur District 2.

The Revenue Inspector Ariyalur Ariyalur District Respondents in all WPs Prayer in W.P.No.4298 of 2025:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned notice dated 22.01.2025 issued by the second respondent and quash the same as illegal and unconstitutional Page Nos.1/14

and consequently, restraining the respondents from disturbing the petitioner's peaceful possession and enjoyment in the residential house classified as Grama Natham comprised in Natham S.No.778/10, Old S.No.405/2 situated at No.100 South Street, Govindapuram Village in Ariyalur Taluk and District.

Prayer in W.P.No.4310 of 2025:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned notice dated 22.01.2025 issued by the second respondent and quash the same as illegal and unconstitutional and consequently, restraining the respondents from disturbing the petitioner's peaceful possession and enjoyment in the residential house classified as Grama Natham comprised in Natham S.No.776/12, Old S.No.405/2 situated at No.101 South Street, Govindapuram Village in Ariyalur Taluk and District.

Prayer in W.P.No.4317 of 2025:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned notice dated 22.01.2025 issued by the second respondent and quash the same as illegal and unconstitutional and consequently, restraining the respondents from disturbing the petitioner's peaceful possession and enjoyment in the residential house classified as Grama Natham comprised in Natham S.No.779/13 Page Nos.2/14

measuring to an extent of 1.60 ares situated at South Street, Govindapuram Village in Ariyalur Taluk and District. Prayer in W.P.No.4323 of 2025:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned notice dated 22.01.2025 issued by the second respondent and quash the same as illegal and unconstitutional and consequently, restraining the respondents from disturbing the petitioner's peaceful possession and enjoyment in the residential house classified as Grama Natham comprised in Natham S.No.776/10, Old S.No.405/2 situated at No.95 South Street, Govindapuram Village in Ariyalur Taluk and District.

Prayer in W.P.No.4328 of 2025:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned notice dated 22.01.2025 issued by the second respondent and quash the same as illegal and unconstitutional and consequently, restraining the respondents from disturbing the petitioner's peaceful possession and enjoyment in the residential house classified as Grama Natham comprised in Natham S.No.778/9, in Old S.No.405/2 situated at No.102 South Street, Govindapuram Village in Ariyalur Taluk and District.

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Prayer in W.P.No.4330 of 2025:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to the impugned notice dated 22.01.2025 issued by the second respondent and quash the same as illegal and unconstitutional and consequently, restraining the respondents from disturbing the petitioner's peaceful possession and enjoyment in the residential house measuring to an extent of 835 sq. ft. classified as Grama Natham comprised in Old S.No.405/2 situated at No.101/1, South Street, Govindapuram Village in Ariyalur Taluk and District. For petitioners in all WPs Mr. A.V. Raja COMMON ORDER [made by M.SUNDAR, J.] After some arguments, Mr. A.V. Raja, learned counsel on record for writ petitioners, sought leave of this Court to withdraw the captioned main 'writ petitions' (hereinafter 'WPs' for the sake of brevity) and captioned writ miscellaneous petitions (hereinafter 'WMPs' for the sake of brevity) thereat but made a plea to preserve all the rights/liberty of the writ petitioners to respond to the impugned Page Nos.4/14

notices which are made under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act'), saying so, learned counsel has made endorsements in the case files and scanned reproduction of the same are as follows: Endorsement in W.P.No.4298 of 2025:

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Endorsement in W.P.No.4310 of 2025:

Page Nos.6/14

Endorsement in W.P.No.4317 of 2025:

Page Nos.7/14

Endorsement in W.P.No.4323 of 2025:

Page Nos.8/14

Endorsement in W.P.No.4328 of 2025:

Page Nos.9/14

Endorsement in W.P.No.4330 of 2025:

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2.

This Court has repeatedly held that said 1905 Act is a self 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.

3.

In the light of the above position, request of the learned counsel for writ petitioners seeking leave of this Court to withdraw the captioned WPs and captioned WMPs thereat, with preservation of rights/liberty to respond to the impugned notices (subject to time lines, of course), is acceded to.

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4.

Captioned WPs and captioned WMPs thereat are disposed of as withdrawn/closed albeit with preservation of rights/liberty in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (K.G.T., J.) 12.02.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.12/14

To 1.

The District Collector Thiruvallur District Thiruvallur - 601 201 2.

The Tahsildar Gummidipoondi Taluk Office Gummidipoondi - 601 201 Thiruvallur District 3.

The Revenue Inspector Elavur Firka Gummidipoondi Taluk Thiruvallur District Page Nos.13/14

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad Common order in 12.02.2025 Page Nos.14/14