M.Devaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1.M.Devaraj 2.M.Govindasamy 3.M.Parasuraman ..

Petitioners Vs 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

3.The Tahsildar, R.K.Pet Taluk, R.K.Pet, Tiruvallur District.

4.The Revenue Inspector, Erumbi Firka, R.K.Pet Taluk, R.K.Pet, Tiruvallur District.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents not to dispossess the petitioners from the possession of the lands comprised in Survey No.155, Mylarwada Village without following due process of law and without complying with the directions issued to the respondents by this Court vide order dated 9.11.2021 made in W.P.No.23889 of 2021.

For the Petitioners : Mr.T.P.Prabakaran For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.T.P.Prabakaran, learned counsel for the petitioners and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. Learned counsel for the petitioners submits that without

conducting an enquiry, notice Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (for brevity, "the Act of 1905") has been issued. No order under Section 6 of the Act of 1905 has been passed as yet. The respondent authorities have entered into the lands of the petitioners and destroyed the crops.

3. Learned State Government Pleader submits that as far as the land in Survey No.155 is concerned, the same is a burial ground. The land adjacent to it is owned by the petitioners and the same is a patta land. However, the petitioners have encroached upon the burial ground. The said encroachment is removed. Today, there is no encroachment on the burial ground. Learned State Government Pleader further submits that the burial ground has been fenced.

4. The petitioners have not placed on record the order under Section 6 of the Act of 1905. If any order under Section 6 of the Act of 1905 is passed, the petitioners have a right of appeal under Section 10 of the Act of 1905.

5. If the petitioners are aggrieved, it is for them to take

appropriate steps in accordance with law.

6. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.22036 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 01.08.2023 Index :

Yes/No Yes/No bbr To:

1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Tiruttani, Tiruvallur District.

3.The Tahsildar, R.K.Pet Taluk, R.K.Pet, Tiruvallur District.

4.The Revenue Inspector, Erumbi Firka, R.K.Pet Taluk, R.K.Pet, Tiruvallur District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 01.08.2023