M.Thangamuthu v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE M. SUNDAR AND THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR and W.M.P. No.9155 of 2023 (Stay Petition) W.M.P. No.12423 of 2023 (Implead Petition) M.Thangamuthu Petitioner vs.

1.

The Executive Engineer Water and Resource Department Amaravathi Vadi Nila Pirivu-4 Dharapuram Taluk Tiruppur District - 638 656 The Junior Engineer Water and Resource Department Amaravathi Vadi Nila Pirivu-4 Thalavaipattinam Dharapuram Taluk Tiruppur District - 638 672 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records relating to the notice issued under Section 7 of Tamil Nadu Act III of 1905 dated 16.03.2023 on the file of the 2nd respondent and quash the same.

For petitioner Ms. G. Roshini for Mr. S. Doraisamy For respondents Mr. T.K. Saravanan Additional Government Pleader

ORDER

(made by M. SUNDAR, J.) 'A notice dated 16.03.2023 issued by R2 (Junior Engineer, Water Resource Department)' [hereinafter 'impugned notice' for the sake of convenience and clarity] 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] is assailed in the captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity]. Ms. G. Roshini, learned counsel representing Mr. S. Doraisamy, learned counsel on record for writ petitioner and Mr. T.K. Saravanan, learned Additional Government Pleader appearing for respondents, are before us. 3.

When the captioned main WP was taken up for hearing, learned State counsel very fairly submitted that there will be a roll back of the impugned notice as it has been issued by an authority without jurisdiction. In this view of the matter, learned State counsel sought leave of this Court to preserve all the rights and contentions of competent authority to issue a notice afresh. This request is acceded to.

4.

Recording the stated position of the learned State counsel, captioned main WP stands disposed of by writing that the impugned notice

stands effaced (set aside) without expression of any view or opinion on the merits of the matter, albeit with preservation of rights of State in the aforesaid manner. Consequently, captioned writ miscellaneous petitions seeking stay and impleadment stand closed. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 07.07.2025 cad Index: Yes/No NC : Yes/No

M. SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad To 1.

The Executive Engineer Water and Resource Department Amaravathi Vadi Nila Pirivu-4 Dharapuram Taluk Tiruppur District - 638 656 The Junior Engineer Water and Resource Department Amaravathi Vadi Nila Pirivu-4 Thalavaipattinam Dharapuram Taluk Tiruppur District - 638 672 07.07.2025