Madras High CourtWP/9573/2025disposed of

K.Dhanpal v. The District Collector

2025-03-24Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.9573 of 2025 and W.M.P.No.10737 of 2025 1.

K. Dhanapal D. Rajasekar D. Jayalakshmi D. Prabhu 5.

D. Sureshkumar Petitioners vs.

The District Collector Collectorate Thiruvallur The Tahsildar Avadi Taluk Thiruvallur District The Revenue Inspector Morai Firka Avadi Taluk Thiruvallur District The Village Administrative Officer Vellanur Village Avadi Taluk Thiruvallur District Respondents Page Nos.1/6

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents from evicting and dispossessing the petitioners from the land comprised in S.No.197/1, Arikkampedu Village, Vallanur Post, Thiruvallur District, except by due process of law.

For petitioners Mr. R. Sankarasubbu For respondents Mr. T.K. Saravanan Additional Government Pleader

ORDER

[made by K. GOVINDARAJAN THILAKAVADI, J.) This writ petition has been preferred seeking a writ of mandamus forbearing the respondents from evicting and dispossessing the petitioners from the land comprised in S.No.197/1, Arikkampedu Village, Vallanur Post, Tiruvallur District (hereinafter "said land" for the sake of brevity), except by following the due process of law. According to the writ petitioners, they are in continuous possession and enjoyment of the said land since 1962 by paying necessary charges; while so, the respondents attempted to dispossess them from the said land without following the due process of law; hence, they addressed representations on 20.05.2017 to the second respondent; since the same were not considered, Jayalakshmi (third Page Nos.2/6

writ petitioner), Prabhu (fourth writ petitioner) and Rajasekar (second writ petitioner) filed writ petitions being W.P.Nos.32537 of 2017, 772 of 2018 and 762 of 2018 respectively which were disposed of vide separate orders 14.12.2017, 11.01.2018 and 12.01.2018 respectively with a direction to the authority concerned to consider and pass orders on the writ petitioners' representations dated 20.05.2017; thereafter, the representation of one of the writ petitioners, viz., Sureshkumar, was taken up for scrutiny by the second respondent and the following order came to be passed on 12.02.2020 stating that free house site patta cannot be issued:

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under such circumstances, this writ petition has been filed seeking the aforesaid prayer.

Issue notice to the respondents.

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for the respondents and submits, on instructions, that the said land admeasures 27 acres out of which the writ petitioners are in occupation of 8 acres and apart from that, the request made by the writ petitioners seeking grant of patta has been turned down, inter alia, on the ground that they own patta land to an extent of 24 acres.

The aforesaid submission made by the learned State counsel is recorded. However, the writ petitioners cannot be evicted under the Tamil Nadu Land Encroachment Act, 1905 (hereinafter "LE Act" for brevity) without taking recourse to due process of law. 6.

In such perspective of the matter, the following order is made:

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The competent authority shall issue a show cause notice to the writ petitioners under Section 7 of the LE Act;

ii. Thereafter, if any representation is made by the writ petitioners, the same shall be considered on its own merits and in accordance with law before final orders are passed under Section 6 of the LE Act;

iii. In the event of orders adverse to writ petitioners being passed, the same shall be assailed by the writ petitioners by taking recourse to filing of statutory appeal under Section 10 of the LE Act before R1 (District Collector), if so advised and if so desired. 7.

This writ petition stands disposed of with the above directions. No costs. Connected W.M.P. stands closed. (M.S., J.) (K.G.T., J.) 24.03.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.5/6

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

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