Sumathy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR & W.M.P No.7056 of 2023 Sumathy ... Petitioner vs.

1. The Tahsildhar Veppur Taluk Cuddalore District

2. The Block Development Officer Nallur Panchayat Union Cuddalore District

3. The President A-Marur Village Panchayat Veppur Taluk, Cuddalore District

4. Sathyaprakash ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for records relating to Page Nos.1/6

impugned Memorandum in Na.Ka.Aa 2/1831/2023 passed by the first respondent dated 13.02.2023 and quash the same consequently restraining the respondents or their subordinate, mens, agent etc., from evicting the petitioner peaceful possession and enjoyment made in Survey No.15/5, measuring an extent of 19 Ares, situated at A.Marur Village, Veppur Taluk, Cuddalore District.

For petitioner :

Mr.P.Ganapathy For Respondent :

Mr.T.K.Saravanan Additional Government Pleader for R1 to R3 No appearance for R4

ORDER

[Order of the Court was made by M.SUNDAR, J.] Impugned notice of R1 dated 13.02.2023 bearing reference Na.Ka.Aa 2/1831/2023, which has been called in question in the captioned main 'Writ Petition' ['WP' for the sake of brevity] is as follows: Page Nos.2/6

Page Nos.3/6

2. Mr.P.Ganapathy, learned counsel for writ petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R3 are before us. R4 (private respondent) has been duly served, name shown in the cause list, but none appears and we are informed by the Registry that R4 has not chosen to enter appearance through any counsel.

3. Learned State counsel submits that R2 (The Block Development Officer, Nallur Panchayat Union, Cuddalore District) issued notice under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} and also made an order under Section 6 of said 1905 Act but that was pursuant to an order dated 09.11.2022 made in W.P.No.29519 of 2022 filed by R4 before us. Learned State counsel submits that thereafter this Court has held vide order dated 06.06.2025 in W.P.No.11712 of 2024 that R2 does not have power qua Sections 7 and 6 of said 1905 Act. In this view of the matter, learned State counsel submitted, on instructions, that the impugned notice of R1 will be rolled back (withdrawn) and sought leave of this Court for initiating fresh proceedings under said 1905 Act by competent authorities. Request acceded to.

Page Nos.4/6

4. Impugned order is set aside on the short point of lack of jurisdiction albeit with preservation of rights of State to initiate appropriate action under said 1905 Act by competent authorities, if so advised and if so desired.

Captioned WP disposed of in the aforesaid manner. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 25.06.2025 gpa To

1. The Tahsildhar Veppur Taluk Cuddalore District

2. The Block Development Officer Nallur Panchayat Union Cuddalore District

3. The President A-Marur Village Panchayat Veppur Taluk, Cuddalore District Page Nos.5/6

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

gpa 25.06.2025 Page Nos.6/6