Madras High CourtWP/6190/2024disposed of

Mohan Kumar v. The Government Of Tamilnadu

2024-03-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Mohan Kumar

2. Subramani

3. Rajendran

4. Krishnan

5. Alamelu

6. Annamalai

7. Rajendran

8. Prakas

9. Balan

10. Chinathambi

11. Arujunan

12. Periyasamy

13. Selvam

14. Palanisamy

15. Ranjeeth Kumar

16. Murali

17. Kamala

18. Poongkodi ..

Petitioners Vs.

1. The Government of Tamilnadu Rep. by its Secretary, Secretariat Fort St. George, Chennai 9.

2. The Government of Tamil Nadu Rep. by its Secretary, Secretariat Revenue Department, Fort St. George, Chennai 9.

3. The District Collector Salem District, Salem.

4. The Managing Director Tamil Nadu Tourist Development Corporation No.2, Walaja Road, Near Kalaivanar Arangam Chennai 02.

5. The Revenue Divisional Officer Salem District, Salem.

6. Thasildar Yercaud Thasildar Office Yercaud, Salem District 636 602.

7. The Director Directorate of Tribal Welfare, 1st Floor Ezhilagam Annex Chepauk, Chennai 05.

8. The Commissioner Tamil Nadu Land Administration Department 2nd Floor, Ezhilagam, Chepauk, Chennai 05.

9. The Revenue Inspector Mundagambadi Village, Yercaud Panchayat Union Yercaud, Salem District.

10. The Village Administrative Officer Mundagambadi Village Yercaud Panchayat Union Yercaud, Salem District.

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, Calling for the records of the impugned Sec. 7 notice of the Tamil Nadu Land Encroachment Act, 1905 dated 26.12.2023 issued by the 9th respondent quash the same and consequently direct the 3rd respondent to conduct an enquiry on the basis of the Appeal dated 19.1.2024 filed by the petitioners with the 3rd respondent.

For the Petitioners : Mr.P.V.Balasubramanian Senior Counsel for Mr.M.Saravana Kumar For the Respondents : Mr.T.K.Saravanan Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.V.Balasubramanian, learned Senior Counsel appearing for Mr.M.Saravana Kumar, learned counsel for the petitioners and Mr.T.K.Saravanan, learned Government Advocate for the respondents.

2. The present petition is filed against the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [in short, "the Act of 1905"].

3. According to the learned Senior Counsel appearing for the petitioners, there are twenty families residing and the enquiry is not being conducted by a proper authority.

4. The notice issued under Section 7 of the Act of 1905 invites reply. The petitioners shall file a reply to the notice issued under Section 7 of the Act of 1905. After considering the reply filed by the petitioners, the authorities may pass orders under Section 6 of the Act of 1905 and thereafter only, actual physical act can be undertaken against the encroachments. The petitioners also have the remedy of appeal, against the order passed under Section 6 of the Act of 1905, under Section 10 of the Act of 1905.

5. The petitioners shall file reply within a period of seven days from today to the show-cause notice issued under Section 7 of the Act of 1905. The authorities shall consider the reply filed by the petitioner on its own merits and thereafter proceed to pass appropriate orders.

6. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.6857 of 2024 is closed. W.M.P.No.6855 of 2024, petition filed to permit the petitioners to file a single writ petition is allowed, inasmuch as they have paid separate set of court fees.

(S.V.G., CJ.) (D.B.C., J.) 08.03.2024 Index :

Yes/No :

Yes/No drm

1. The Secretary The Government of Tamil Nadu, Secretariat Fort St. George, Chennai 9.

2. The Secretary The Government of Tamil Nadu, Secretariat Revenue Department, Fort St. George, Chennai 9.