S.Babu v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI and W.M.P. Nos.5852, 5858, 5861, 5877 and 5879 of 2025 S. Babu Petitioner in WP No.5270/2025 M. Somu Petitioner in WP No.5284/2025 Venkataramaraju Petitioner in WP No.5286/2025 K. Mani Petitioner in WP No.5302/2025 Yuva Kumar Petitioner in WP No.5306/2025 vs.
1.
The Commissioner of Land Administration Chepauk Chennai 600 005 2.
The Principal Secretary and Commissioner Survey and Settlement Department Chepauk Chennai 600 005 3.
The District Collector Thiruvallur District 601 201 4.
The District Forest Officer (DFO) Thiruvallur District 601 201 5.
The Forest Range Officer Gummidipoondi Forest Range Madarpakkam Village & Post 601 202 Thiruvallur District Page Nos.1/22
6.
The Tahsildar Gummidipoondi Taluk Thiruvallur District 601 201 7.
The Block Development Officer (BDO) Gummidipoondi Union and Taluk Thiruvallur District 601 201 8.
The Assistant Engineer (Operation and Maintenance) Tamil Nadu Power Distribution Corporation Ltd. Chennai EDC/North Madhavaram Madharpakkam Chennai Respondents in all WPs (R8 suo motu impleaded by Court on 17.02.2025) Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus by calling for the records relating to the fifth respondent in G.O. No.832 F & F Government Department dated 13.07.1881 signed on 08.02.2025 and quash the same and consequently, direct the first respondent to rectify the error or mistake committed while re-settlement by re-classifying the land in S.No.101/3 in Equverpalayam Village, Gummidipoondi Taluk, Thiruvallur District as "Kal Medu" instead of "Reserve Forest" in the 'A' Register by considering the joint representation dated 18.03.2023. Page Nos.2/22
For petitioner Mr. A. Navaneethakrishnan in all WPs Sr. Counsel for Mr. R.S. Anandan For RR 1-3 & 6 Mr. M.S. Arasakumar in all WPs Government Advocate For RR 4 & 5 Mr. Haja Nazirudeen in all WPs Addl. Advocate General - I assisted by Dr. T. Seenivasan Spl. Government Pleader (Forest) and Mr. P. Haribabu Government Advocate For R7 Mr. Habeeb Rahman in all WPs Government Advocate For R8 Mr. L. Jai Venkatesh in all WPs Standing Counsel COMMON ORDER [made by M.SUNDAR, J.] This common order will now govern the captioned five 'writ petitions' (hereinafter 'WPs' for the sake of brevity) and captioned five writ miscellaneous petitions (hereinafter 'WMPs' for the sake of brevity) thereat.
2.
Mr. A. Navaneethakrishnan, learned Senior Counsel instructed by Mr. R.S. Anandan, learned counsel on record for writ Page Nos.3/22
petitioners in all WPs, Mr. Haja Nazirudeen, learned Additional Advocate General - I instructed by Dr. T. Seenivasan, learned Special Government Pleader (Forest) and Mr. P. Haribabu, learned Government Advocate appearing for RR 4 & 5 in all WPs, Mr.M.S. Arasakumar, learned Government Advocate for RR 1-3 & 6 in all WPs and Mr.Habeeb Rahman, learned Government Advocate for R7 in all WPs, are before us.
3.
Before we proceed further, considering the nature of the submissions made today, we deem it appropriate to implead the Assistant Engineer (Operation and Maintenance), Tamil Nadu Power Distribution Corporation Ltd., Chennai EDC/North, Madhavaram, Madharpakkam, Chennai as R8 in all WPs.
4.
Issue notice to R8 also. Mr. L. Jai Venkatesh, learned Standing Counsel, accepts notice for R8. Mr. Haja Nazirudeen, learned Additional Advocate General-I, appears on behalf of learned counsel for R8 also.
Page Nos.4/22
5.
This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 14.02.2025 which reads as follows:
'IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.02.2025
CORAM:
THE HON'BLE MR. JUSTICE M. SUNDAR AND THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P. Nos.5270, 5284,5286,5302 and 5306 of 2025 and W.M.P. Nos.5858, 5852,5861,5877 and 5879 of 2025 W.P. No.5270 of 2025:
S. Babu Petitioner vs.
The Commissioner of Land Administration Chepauk Chennai 600 005 and 6 others Respondents For petitioner Mr. A. Navaneethakrishnan in all WPs Sr. Counsel for Mr. R.S. Anandan For RR1 to 6 Mr. M.S. Arasakumar in all WPs Government Advocate For R7 Mr. Habeeb Rahman in all WPs Government Advocate Page Nos.5/22
COMMON ORDER Captioned writ petitions have been filed assailing notices under Section 68-A of 'the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882)' (hereinafter 'said Act' for the sake of brevity). 2.
Mr. A. Navaneethakrishnan, learned Senior Counsel, instructed by Mr. R.S. Anandan, learned counsel on record for writ petitioners, submits that prior to the impugned notices, the writ petitioners were served with notices vide 68-A(a) {mentioned as 68-A in notices) being notices dated 18.11.2023 and writ petitioners sent a joint representation (in response to the same) being representation dated 20.11.2023 but the representation has not been considered. 3.
Issue notice to respondents.
4.
Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for RR 1 to 6 and Mr. Habeeb Rahman, learned Government Advocate, accepts notice for R7 and request for a short accommodation to get instructions on whether the representation of the writ petitioners has been considered as contemplated under Section 68-A(b) of said Act. 5.
Request acceded to.
6.
List on 17.02.2025 (Monday) in the Admission Board i.e., Motion List, under the cause list caption 'NOTICE REGARDING ADMISSION'.
7.
In the interregnum, let status quo as of today shall be maintained.
8.
List on 17.02.2025 (Monday), as directed in paragraph 6, supra.
(M.S., J.) (K.G.T., J.) 14.02.2025'
Page Nos.6/22
6.
Main WPs were taken up with the consent of the learned counsel on both sides.
7.
We find that the 'impugned notices' i.e., notices dated 08.02.2025 issued by R5 (Forest Range Officer, Gummidipoondi Forest Range, Madarpakkam Village & Post) refers to an order dated 07.02.2024 (made by Madras High Court). Learned Additional Advocate General, in his usual fairness, submitted that correct reference is dated 31.08.2023 in W.P.No.25714 of 2023. We deem it appropriate to extract and reproduce the 31.08.2023 order in W.P.No.25714 of 2023 and the same is as follows: 'IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.08.2023 CORAM :
THE HON-BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON-BLE MR.JUSTICE K.RAJASEKAR W.P.No.25714 of 2023 K.Yougandhar .. Petitioner Vs.
1.The District Collector, Thiruvallur District~601 201.
2.The Sub Collector, Ponneri Post and Taluk, Thiruvallur District~601 201.
3.The District Forest Officer (DFO), Thiruvallur District~601 201.
Page Nos.7/22
4.The Tashildar, Gummidipoondi Taluk, Thiruvallur District~601 201.
5.The Divisional Engineer, Electricity Department, Ponneri Post and Taluk, Thiruvalur District~601 201.
6.The Block Development Officer (BDO), Gummidipoondi Union and Taluk, Thiruvallur District~601 201.
7.M.Babu 8.M.Somu 9.M.S.Mohan 10.M.Dasaratha Raju 11.K.Madhava Raju 12.N.Bala Raju 13.N.Subramaniam Raju 14.M.Ramachandra Raju 15.K.Mohan Raju 16.M.Narasa Raju 17.G.Subramaniam Yadhav 18.K.O.Mani 19.K.Eswari 20.K.O.Subramaniam Raju 21.K.O.Jaya Kumar 22.K.Mani 23.K.Venkata Rama Raju 24.M.Chandar Raju 25.K.Ramakrishnamma Raju 26.N.Dhananjay Raju 27.K.P.Chengal Raju 28.K.P.Poorana Chandar Raju 29.M.Shankar Raju 30.K.Babu s/o K.Krishnamma Raju 31.M.Mageswar Raju 32.K.Sobha 33.K.P.Mani 34.Ramya Page Nos.8/22
35.R.Mohan 36.D.Yuva Kumar 37.D.Vekataram Raju 38.K.Babu s/o K.Chengal Raju .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 6 to remove the encroachments in S.No.101/3, Melapakkam Village, Eguvarpalayam Post, Gummidipoondi Taluk, Thiruvallur District, put up by respondents 7 to 38 and take appropriate action against them for felling the trees and encroaching the forest land.
For the Petitioner Mr.R.Udhaya Kumar For the Respondents Mr.P..Muthukumar State Government Pleader for respondent Nos.1 to 6
ORDER
(Order of the court was made by S.Vaidyanathan, J.) The present writ petition has been filed by the petitioner for issuance of a writ of mandamus to direct respondents 1 to 6 to remove the encroachments made by respondents 7 to 38 in S.No.101/3 situated at Melapakkam Village, Gummidipoondi Taluk.
2. Since we are not passing any adverse order against respondent Nos.7 to 38 in the present writ petition, notice to respondent Nos.7 to 38 is dispensed with.
3. It is submitted on behalf of the petitioner that though steps have been initiated to remove the encroachments made in the forest land in Survey No.101/3 as early as October, 2020 by issuance of eviction notice under Section 68A of the Tamil Nadu Forest Act, 1882, the removal has not taken place till date. Hence, the petitioner has filed the present writ petition to remove the encroachments made in Survey No.101/3. Page Nos.9/22
4. A copy of "A" register in respect of Survey No.101/3 has been produced. On a perusal of the "A" register, it is seen that Survey No.101/3 has been classified as "Reserve Forest". Since Survey No.101/3 has been classified as "Reserve Forest", we are of the view that no one has power to squat on the said forest land.
5. It is also stated that earlier when action was initiated to evict the encroachers from the said forest land, the encroachers have raised law and order issue.
6. Since Survey No.101/3 is classified as ?Reserve Forest? and the same is alleged to be encroached by the private respondents, we direct the authority concerned to take steps to remove the encroachments made in Survey No.101/3 in accordance with law, after affording reasonable opportunity to the affected parties, within a period of three months from the date of receipt of a copy of this order. In the course of removal of encroachments, if the authority concerned finds any law and order issue, the authority can very well write to the jurisdictional police, who are, in turn, directed to render necessary police assistance for removal of encroachments.
7. We direct the officials to adhere to the decision in W.P.(MD) No.16120 of 2023, dated 30.08.2023 (N.Sankar v. The Principal Secretary, Town and Country Planning, Government of Tamil Nadu and three others) to avoid disciplinary proceedings being initiated against them.
8. With the above direction, the writ petition is disposed of. There will be no order as to costs. We make it clear that we have not passed any adverse order against the private respondents, as it is for the authority concerned to take necessary action against the encroachers in accordance with law.
(S.V.N., J.) (K.R.S., J.) 31.08.2023'
8.
The significant part of aforementioned 31.08.2023 order is, it directs action in accordance with law 'after affording reasonable opportunity to the affected parties'. We are informed that the five writ Page Nos.10/22
petitioners in the instant WPs are RR 7, 8, 22, 23 and 36 in aforereferred W.P.No.25714 of 2023.
9.
Learned Senior Counsel for writ petitioners submits that the writ petitioners have submitted an application for re-classification of the lands forming subject matter of captioned five WPs. To be noted, lands forming subject matter of captioned five WPs are comprised in S.No.101/3 in Equverpalayam Village, Gummidipoondi Taluk, Thiruvallur District (hereinafter 'said lands' for the sake of convenience and clarity).
10.
Learned Senior Counsel for writ petitioners submits that the re-classification plea is for re-classification of said lands as fy; nkL. (To be noted, it appears that they have been classified as 'reserve forest'). In this regard, learned Senior Counsel for petitioners draws our attention to an order dated 11.01.2024 in W.P.No.525 of 2024 and the same reads as follows:
Page Nos.11/22
'IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.525 of 2024
1. M.S.Chengal Raju
2. Ramakrishnama Raju
3. N.Subramani Raju
4. K.Mohan Raju
5. Narasa Raju
6. Narayanamm
7. K.Easwari
8. K.Mani
9. N.Rajesh
10. N.Subramaniyan
11. D.Babu
12. R.Mohan Raju
13. Venkataramaraju
14. M.Vijaya
15. N.Dhanamjayulu
16. A.Venkatesulu
17. D.Praveena
18. M.Chandra Raju
19. Nagan Elumalai
20. K.Poornachandra Raju
21. M.Ramachandran
22. K.Mahadavan
23. M.Somu
24. M.Babu
25. S.Babu
26. Ramya
27. Yasvanth
28. K.C.Subramani
29. D.Venkatarama Raju
30. Sankara Raju
31. K.Chensurama Raju
32. Krishnamoorthy
33. S.Suresh
34. Subramani Page Nos.12/22
35. K.C.Mani
36. Shoba ..
Petitioners Vs.
1. The Commissioner of Land Administration Chepauk, Chennai - 600 005.
2. The Principal Secretary and commissioner Survey and Settlement Department Chepauk, Chennai - 600 005.
3. The District Collector Thiruvallur District - 601 201.
4. The District Forest Officer (DFO) Thiruvallur District - 601 201.
5. The Forest Range Officer Gummidipondi Forest Range Madarpakkam Village & Post Pin Code - 601 202 Thiruvallur District.
6. The Tahsildar Gummidipoondi Taluk Thiruvallur District - 601 201 .
7. The Block Development Officer (BDO) Gummidipoondi Union and Taluk Thiruvallur District - 601 201.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent herein to rectify the error or mistake committed while resettlement by reclassifying the land in S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Tiruvallur District as 'KAL MEDU' (Rathi Boomilu) instead of 'Reserve Forest' in the 'A' Register by considering the joint representation of the petitioner dated 18.03.2023.
Page Nos.13/22
For the Petitioners :
Mr.R.S.Anandan For the Respondents :
Mr.A.Selvendran Special Government Pleader for R1 to R3, R6 and R7 Mr.J.Ravindran Additional Advocate General assisted by Mr.S.J.Mohd. Sathik Government Advocate (Forest) for R4 and R5
ORDER
(Made by the Hon-ble Chief Justice) Heard Mr.R.S.Anandan, learned counsel for the petitioners, Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 3, 6 and 7 and Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.S.J.Mohd. Sathik, learned Government Advocate (Forest) for respondents 4 and 5.
2. Learned counsel for the petitioners submits that representation has been given for correction of mistake in the reclassification of land in S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Tiruvallur District. The representation is given on 18.03.2022.
3. Learned Additional Advocate General submits that the land encroachment eviction notice, under Section 68-A of the Tamil Nadu Forest Act, 1882, is already issued to the petitioners on 18.11.2023.
4. Learned counsel for the petitioners submits that reply has been filed to the said notice.
5. The notice dated 18.11.2023, issued by the Forest Range Officer, is a show-cause notice and the same will have to be decided on its own merits, considering the reply filed by the petitioners. The petitioners can raise all possible defense available to them by filing a reply to the showcause notice. Page Nos.14/22
6. As far as reclassification of the land is concerned, it is for the first respondent to consider the same on its own merits and if such application is filed, the first respondent shall consider the same on its own merits and in accordance with the law and policy.
7. In light of the above, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.531 and 532 of 2024 are closed.
(S.V.G., CJ.) (D.B.C., J.) 11.01.2024'
11.
The above order directs 18.03.2023 re-classification application (date is seemingly wrongly stated as 18.03.2022) to be considered by R1 on its own merits and in accordance with law and policy. This Court is informed by learned counsel on both sides that four out of five writ petitioners in the captioned WPs are petitioners in aforereferred W.P.No.525 of 2024 and they are petitioner nos.8,13,23 and 25.
12.
In the aforesaid backdrop, pursuant to 31.08.2023 order in W.P.No.25714 of 2023, a notice dated 18.11.2023 was issued is learned State counsel's say. This notice says that it is under Section 68-A(a) of 'the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882)' (hereinafter 'said Act' for the sake of brevity). In response to this 18.11.2023 notice, writ petitioners have sent a joint Page Nos.15/22
representation dated 20.11.2023. This means that the joint representation has to be duly considered by the officer concerned vide Section 68-A(b) of said Act is his further say. We deem it appropriate to extract and reproduce the entire Section 68-A of said Act and the same reads as follows:
'68-A. Liability of person unauthorisedly occupying any land in reserved forest, etc. to summary eviction.-- Any person unauthorisedly occupying any land in reserved forest or any land at the disposal of Government may be summarily evicted by an officer of Forest Department not below the rank of Forest Ranger or an Officer of the Revenue Department not below the rank of Tahsildar, having jurisdiction over the area in which such land is situated, in such manner as may be prescribed and any crop or other product raised on such land, shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also be liable to forfeiture. Forfeiture under this section, shall be adjudged by the officer referred to above and any property so forfeited, shall be disposed of in such manner as may be prescribed:
Provided that no eviction or adjudication under this section adversely affecting a person shall be made or adjudged, unless-- (a) such person has been given a notice in such manner as may be prescribed; and (b) the representation, if any, received in pursuance of such notice has been duly considered by such officer concerned.' 13.
Though both sides argued on the basis that aforereferred Section 68-A of said Act is operating, this Court finds that there is serious doubt about this position. The reason is, Section 68-A of said Page Nos.16/22
Act has been introduced/included by way of an Amendment Act and that Amendment Act is, 'The Tamil Nadu Forest (Amendment) Act, 1981 (Tamil Nadu 41 of 1981)' (hereinafter 'Amending Act 41' for the sake of brevity) but on research made by this Court, it appears that Amending Act 41 has been repealed by the Tamil Nadu Repealing (Second) Act, 2023 (Act 13 of 2023) which came into force on 03.05.2023. If this is the position, reference to Section 68-A in the notices dated 18.11.2023 and impugned notices dated 08.02.2025 is debatable. However, this question is left open and there cannot be two ways about the principle that alleged encroachers, in cases of the nature at hand (to be noted, they are dwelling houses) have to be show caused / given an opportunity before demolition, as laid down by Hon'ble Supreme Court in In Re.Directions in the matter of demolition of structures reported in 2024 SCC OnLine SC 3291. 14.
The learned State counsel very fairly submits that there is a procedural irregularity as the writ petitioners / noticees having been show caused/have responded vide representation dated 20.11.2023 and the same is yet to be considered.
Page Nos.17/22
15.
In the light of the narrative thus far, to give a complete quietus and with the intention of comprehensively dealing with the matter, we deem it appropriate to make the following order: (i) Re-classification application dated 18.03.2023 made by the writ petitioners and others qua S.No.101/3 in Equverpalayam Village, Gummidipoondi Taluk, Thiruvallur District (to re-classify as 'kal medu' instead of 'reserve forest') shall be considered by R1 on its own merits and in accordance with law as per order dated 11.01.2024 in W.P.No.525 of 2024 and a decision shall be taken as expeditiously as the business of R1 would permit but in any event within six weeks from today i.e., on or before 31.03.2025;
(ii) Thereafter, R5 shall take up writ petitioners' response dated 20.11.2023 (response to 18.11.2023 notices in the form of representation) and consider the same inter alia in the light of the decision of R1 qua reclassification application dated 18.03.2023 and decide as expeditiously as the business of R5 would permit but in any event within another six weeks thereafter i.e., on or before 12.05.2025;
(iii) aforereferred orders of R1 as well as R5 shall be served on the writ petitioners under due acknowledgment;
Page Nos.18/22
(iv) The electricity supply which has been disconnected to writ petitioners' dwelling houses situate in said lands shall now be restored forthwith as fairly assured by learned Additional Advocate General, on instructions, in this regard. R8 to ensure that needful is done in regard to restoration of electricity connection to writ petitioners' dwelling houses;
(v) All the rights and contentions of the writ petitioners are preserved in the event of orders to be made by R1 in the re-classification application dated 18.03.2023 and orders to be made by R5 being adverse to the writ petitioners and same being assailed, if they are so advised and if so desired. This is owing to the fact that we make it clear that we have not expressed any view or opinion on the merits of the matter, with regard to re-classification; and (vi) Though obvious, we make it clear that any coercive action will be subject to and depending on orders to be made by R5 in the aforesaid manner.
Page Nos.19/22
16.
Captioned 5 WPs stand disposed of in the aforesaid manner. Consequently, captioned WMPs thereat are disposed of as closed. There shall be no order as to costs.
(M.S., J.) (K.G.T., J.) 17.02.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.20/22
To 1.
The Commissioner of Land Administration Chepauk Chennai 600 005 2.
The Principal Secretary and Commissioner Survey and Settlement Department Chepauk Chennai 600 005 3.
The District Collector Thiruvallur District 601 201 4.
The District Forest Officer (DFO) Thiruvallur District 601 201 5.
The Forest Range Officer Gummidipoondi Forest Range Madarpakkam Village & Post 601 202 Thiruvallur District 6.
The Tahsildar Gummidipoondi Taluk Thiruvallur District 601 201 7.
The Block Development Officer (BDO) Gummidipoondi Union and Taluk Thiruvallur District 601 201 8.
The Assistant Engineer (Operation and Maintenance) TNPDCL Chennai EDC/North Madhavaram Madharpakkam Chennai Page Nos.21/22
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad 17.02.2025 Page Nos.22/22