K.Balasubramaniyam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P. No.12694 of 2025 in W.P.No.11250 of 2025 K.Balasubramaniyam ... Petitioner Vs.
1.The District Collector, Erode District.
2.The Tahsildar, Bavani Taluk, Erode District.
3.The Executive Officer (incharge) Appakudal Panchayat, Erode District.
4.The Block Development Officer, Bavani Panchayat Union, Bavani Taluk, Erode District.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorari to call for records and quashed the impugned notice issued by 3rd respondent vide Na.Kaa.No.47/2025 dated 11.03.2025 which was posted on 17.03.2025 and received by petitioner on 24.03.2025. Page Nos.1/6
For Petitioner :
Mr.S.Dayanand For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader for R1 and R2 Mr.S.Arumugam Government Advocate for R3 and R4
ORDER
[Order of the Court was made by K.GOVINDARAJAN THILAKAVADI, J.,] Captioned writ petition is filed assailing a 'notice dated 11.03.2025 issued by the third respondent vide Na.Ka.No.47204' (hereinafter 'impugned notice' for the sake of brevity).
2. The case of writ petitioner is that the petitioner is an exservice man residing at the property in 'R.S.No.599/5, Kamaraj Nagar, Appakudal Village' (hereinafter 'said land' for the sake of brevity) and since 2011, the petitioner has made several representations to the authorities for issuance of patta in his favour. While so, on 11.03.2025, the Executive Officer of Appakudal Town Panchayat issued the impugned notice calling upon the writ petitioner to vacate the said land on or before 24.03.2025.
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3. Mr.S.Dayanand, learned counsel for petitioner submits that without following the statutory provision contemplated under 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (hereinafter 'said 1905 Act' for the sake of brevity) and without affording any opportunity to the writ petitioner, impugned notice has been issued. Hence the writ petitioner is before this court.
4. Issue notice.
5. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 and R2 and Mr.S.Arumugam, learned Government Advocate accepts notice for R3 and R4.
6. Owing to the limited scope of writ petition, with the consent of both sides, the main writ petition is taken up at the admission stage.
7. Learned State counsel fairly conceded that impugned notice dated 11.03.2025 is not in accordance with law and hence the same will stand withdrawn and the authority concerned will issue a notice afresh following the procedure contemplated under the appropriate Page Nos.3/6
statute. He further submits that survey would be conducted within two weeks from today and if any encroachment is found, action will be taken for removal of encroachment in accordance with law under the said 1905 Act. In view of the above stated position of the learned State counsel, the following order is passed: 7.1 The impugned notice stands withdrawn as undertaken by the learned State counsel;
7.2 A fresh show cause notice shall be issued to the writ petitioner as per the provisions under the said 1905 Act;
7.3 The writ petitioner shall respondent to the above show cause notice within the stipulated time and the same shall be considered by the appropriate authority in accordance with law on its own merits before passing any final order;
7.4 Copy of the final order shall be served on the writ petitioner within a period of five working days from the date of order; and Page Nos.4/6
7.5 Coercive action if any shall be subject to the outcome of the final order to be passed by the authority concerned.
8. In view of the above mentioned direction/observation, captioned writ petition is disposed of in the aforesaid manner. Consequently, connected Writ Miscellaneous Petition is closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 27.03.2025 Index : Yes / No mmi To 1.The District Collector, Erode District.
2.The Tahsildar, Bavani Taluk, Erode District.
3.The Executive Officer (incharge) Appakudal Panchayat, Erode District.
4.The Block Development Officer, Bavani Panchayat Union, Bavani Taluk, Erode District.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 27.03.2025 Page Nos.6/6