A.Annamalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI A.Annamalai S/o.Arunachala Reddy ... Petitioner vs.

1. The District Collector District Collector Office Tiruvallur District

2. The Sub-Collector District Collector Office Tiruvallur District

3. The Divisional Revenue Officer Revenue Division Office Tiruttani, Tiruvallur District

4. The Chairman District Watershed Development Agency Tiruvallur District

5. The Tahsildar Tiruttani Village Tiruvallur District Page Nos.1/11

6. The Village Administrative Officer Mamandur Village Village Administrative office Mamandur

7. Arja Energy's Private Limited Rep. By his manager Having Office at Tiruttani Village, Tiruvallur Distict Head Office at Everest Tower, 303/136D Kumaran Road, Kannabiran Colony Binny Compound, Tiruppur - 641 601 ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to remove the encroachment made by 7th respondent in Survey No.188/87 of Mamandur Village and Survey No.50/2 of Kuppam Village, Arungulam Post, Tirutanni Taluk and Tiruvallur District and take necessary appropriate steps.

For Petitioners :

Mr.M.Nambirajan For Respondents :

Mr.T.K.Saravanan Additional Government Pleader for R1 to R6

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned writ petition is 'lands comprised in 'S.No.188/87 in 34.Mamandur Village and S.No.50/2 in Kuppam Village, both in Tirutani Taluk, Tiruvallur District' [hereinafter 'said lands' for the sake of Page Nos.2/11

convenience].

2. Writ petitioner has sent two representations, one dated 13.05.2024 and another dated 03.03.2025, which read as follows: Page Nos.3/11

3. The aforesaid representations speak for themselves. Suffice to say that writ petitioner has sought to regularize his occupation of said lands. To be noted, S.No.188/87 in 34.Mamandur Village is classified as 'ghiw' and S.No.50/2 in Page Nos.4/11

Kuppam Village is 'Government land' according to the download from the official website. Copies of revenue records placed before us in this regard are as follows: Page Nos.5/11

4. Learned counsel for writ petitioner adverting to the writ affidavit submits that the writ petitioner has raised crops in said lands and now efforts are underway to destroy the crops and make over the land to R7. It is the further specific case of writ petitioner that when his aforementioned representations are pending, without making any orders on the same, efforts to make over said lands to R7 are underway.

5. Issue notice to official respondents.

Page Nos.6/11

6. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R6.

7. Mr.T.K.Saravanan, learned State counsel, on instructions, submits that R5 has issued a notice signed by him on 26.03.2025 and a scanned reproduction of the notice as placed before us is as follows: Page Nos.7/11

8. We notice from the aforementioned notice that only month and year have been mentioned and date is blank. With regard to reference also only year and M2 have been mentioned, the other part of the reference is blank. This is rather unfortunate. This is no way for a Revenue official to issue notice. Nonetheless, fact of the matter is, an enquiry has been fixed on 02.04.2025 but the time has not been mentioned. When this was pointed out to learned State counsel, learned State counsel, on instructions, submitted that the enquriy will be conducted at 03.00pm in the afternoon and the venue will be office of R5.

9. The aforementioned notice makes it clear that claim of writ petitioner and R7 qua said lands will be looked into. Let R5 draw up a report and favour both writ petitioner and R7 with copies of the report within five working days from the date on which report is drawn up.

10. This Court makes it clear that this order does not touch upon the rights and contentions of R7 (private respondent) in any manner. On the contrary, this Court preserves all the rights and contentions of R7 (private respondent) for putting forth their case in the ensuing enquiry on 02.04.2025. Though obvious we make it clear that all the rights and contentions of writ petitioner are also preserved Page Nos.8/11

for being put forth in the ensuing enquiry. Therefore, there is no impediment in taking up the main WP in the Admission Board with the consent of learned counsel for writ petitioner and learned State counsel. We do so.

11. This Court makes it clear that any coercive action, if any and if that be so qua said lands shall be subject to and depending on the report to be drawn up by Tahsildar (R5) and post the report being served on the writ petitioner and R7. Captioned WP disposed of in the aforesaid manner. There shall be no order as to costs.

(M.S.,J.) (K.G.T.,J.) 26.03.2025 Index : Yes/No gpa Page Nos.9/11

To

1. The District Collector District Collector Office Tiruvallur District

2. The Sub-Collector District Collector Office Tiruvallur District

3. The Divisional Revenue Officer Revenue Division Office Tiruttani, Tiruvallur District

4. The Chairman District Watershed Development Agency Tiruvallur District

5. The Tahsildar Tiruttani Village Tiruvallur District

6. The Village Administrative Officer Mamandur Village Village Administrative office Mamandur Page Nos.10/11

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 26.03.2025 Page Nos.11/11