E.M.C.Palaniappan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.Nos.9461 & 9463 of 2023 1.
E.M.C.Palaniappan S/o.Late E.M.Chokkalingam Chettiar 2.
Parvathi Palaniappan W/o.E.M.C.Palaniappan 3.
Juliana Pauline Almeida D/o.Bruno Almedia 4.
Ishta Palaniappan D/o.Palaniappan 5.
Kripa Palaniappan D/o.Palaniappan 6.
Diya Palaniappan (Minor) Rep. Legal Guardian E.M.C.Palaniappan D/o.Palaniappan ... Petitioners * R4, R5 and R6 impleaded vide order dated 19.08.2025 in W.M.P.No.30516 of 2025 in W.P.No.9364 of 2023 Page Nos.1/10
vs.
1.
The State of Tamil Nadu Represented by its Secretary Revenue Department Fort St.George Chennai-600 009.
2.
The District Collector Chengalpet District Collectorate GST Road Chengalpet - 603 001 Tamil Nadu.
3.
The Tahsildhar Thiruporur Taluk Thandalam, Thiruporur - 603 105 Tamil Nadu.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing the respondents to restore the compound wall of the petitioners property situate in Survey No.98/2, Kanathur Reddy Kuppam Village, Thiruporur Taluk, Chengalpet District and forbear the respondents from interfering with the petitioners' right to absolutely own and possess the above said property in any manner. For Petitioners :
Mr.S.Ganesh For Respondents :
Mr.T.K.Saravanan Additional Government Pleader ***** Page Nos.2/10
O R D E R
[Order of the Court was made by M. SUNDAR, J.] Mr.S.Ganesh, learned counsel on record for writ petitioners is before us.
2. To be noted, a separate order has been made today (19.08.2025) in W.M.P.No.30516 of 2025 in W.P.No.9364 of 2023 impleading three daughters of deceased second wit petitioner Ms.Parvathi Palaniappan. Necessary and consequential amendments shall be made in the captioned WP case file as well as instant order before the same is uploaded / copies are furnished.
3. In the captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity}, a simple mandamus prayer has been made and that is for restoration of a compound wall and to forbear the respondents from interfering with the petitioners' purported rights. To be noted, subject matter of the captioned WP is 'land comprised in S.No.98/2 Kanathur Reddy Kuppam Village, Tiruporur Taluk, Chengalpet District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}. Page Nos.3/10
4. Main WP was taken up with the consent of both sides.
5. Mr.T.K.Saravanan, learned Additional Government Pleader for respondents, submitted that even according to the writ petitioners, proceedings under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} have been kick started, Section 7 notice dated 09.07.2021 was issued, first writ petitioner sent a response dated 18.07.2021 and Section 6 order has also been made. More importantly, Section 6 order dated 28.10.2022 (received by the first writ petitioner on 31.10.2022) has been assailed by the first writ petitioner by way of a statutory appeal under Section 10 of said 1905 Act and R2 - Appellate Authority is in seizin of the matter. The statutory appeal as placed before us is as follows: Page Nos.4/10
Page Nos.5/10
Page Nos.6/10
6. A careful perusal of paragraph No.7 of the aforementioned appeal brings to light that first writ petitioner has made a prayer for stay specifically adverting to Section 10-B of said 1905 Act. Therefore, further coercive action, if any and if that be so, can only be subject to and depending on the orders to be made by R2 - Appellate Authority in the stay petition.
Page Nos.7/10
7. Be that as it may, as regards the restoration of compound wall plea, we make it clear that R2 - Appellate Authority shall consider that plea also on its own merits and in accordance with law in the statutory appeal.
8. We make it clear that all the rights and contentions of the writ petitioners stand preserved for being canvassed in the statutory appeal which is now to be decided by R2 - Appellate Authority. We are informed by learned State Counsel that R2 - Appellate Authority is in seizin of the statutory appeal.
Captioned WP disposed of as closed in the aforesaid manner albeit with aforementioned observations and preservation of rights in the aforesaid manner. In the light of what we have written as regards coercive action, if any and if that be so, captioned WMPs become otiose and the same are disposed of as closed. There shall be no order as to costs. (M.S.J.,) (H.C.J.,) 19.08.2025 Index : Yes / No Speaking / Non-speaking mk Page Nos.8/10
To 1.
The State of Tamil Nadu Represented by its Secretary Revenue Department Fort St.George Chennai-600 009.
2.
The District Collector Chengalpet District Collectorate GST Road Chengalpet - 603 001 Tamil Nadu.
3.
The Tahsildhar Thiruporur Taluk Thandalam, Thiruporur - 603 105 Tamil Nadu.
Page Nos.9/10
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk 19.08.2025 (3/3) Page Nos.10/10