P.Subramanian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P. No.12758 of 2025 and W.M.P.No.14328 of 2025 P. Subramanian Petitioner vs.
1.
The District Collector Vengikkal Tiruvannamalai Tiruvannamalai District 2.
The Tahsildar Kalasapakkam Taluk Office Kalasapakkam Tiruvannamalai District 3.
The Block Development Officer Kalasapakkam Panchayat Block Tiruvannamalai District 4.
The President Kalasapakkam Village Panchayat Kalasapakkam Tiruvannamalai District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records on the file of the third respondent in his proceedings in Na.Ka.Va. A2/522/2022 and quash the impugned order dated 14.03.2025 as Page Nos.1/10
highly illegal and unconstitutional and further for a direction to the first and second respondents to grant patta for the property bearing Door No.2/335, Melarani Village comprised in Survey No.281/6, Kalasapakkam Panchayat Union, Kalasapakkam Taluk, Tiruvannamalai District as per G.O.Ms.No.97 dated 21.02.2025 to the petitioner in view of representations dated 04.03.2025 and 28.03.2025. For petitioner Ms. Karthikaa Ashok For respondents Mr. T.K. Saravanan Additional Government Pleader
ORDER
[made by M. SUNDAR, J.] Captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer for issue of a writ of certiorarified mandamus. By way of certiorari limb of the prayer, a notice/order dated 14.03.2025 bearing reference Na.Ka.Va.A2/522/2022 issued by R3 (Block Development Officer, Kalasapakkam Panchayat Office, Kalasapakkam, Tiruvannamalai District) {hereinafter 'impugned order/notice' for the sake of convenience and clarity} is put to challenge. By way of mandamus limb of the prayer, a direction is sought to RR 1 and 2 qua grant of patta for the property bearing Door Page Nos.2/10
No.2/335, S.No.281/6, Melarani Village, Kalasapakkam Panchayat Union, Kalasapakkam Taluk, Tiruvannamalai District as per G.O.Ms.No.97, Revenue and Disaster Management [LD-(1)] Department dated 21.02.2025 and in the light of writ petitioner's representations dated 04.03.2025 and 28.03.2025. 2.
Issue notice to respondents.
3.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for all four respondents. 4.
At the outset, we find that R3 (Block Development Officer) does not have competence to issue the impugned notice/order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act') . Powers under Section 6 of said 1905 Act are vested in:
i.
Collector;
ii. Tahsildar subject to control of Collector; iii. Deputy Tahsildar subject to control of Collector; and iv. Authorized officer being any other officer authorized by the State Government in this behalf, i.e., 'authorised officer' subject to the control of the Collector.
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5.
There is no disputation before this Court that R3 is not an 'authorised officer' within the meaning of Section 6 of said 1905 Act. Therefore, we interfere with the impugned notice/order on the jurisdiction point. In this view of the matter, this Court has no hesitation in writing that the impugned notice/order deserves to be dislodged.
6.
Be that as it may, the impugned notice/order was preceded by a notice under Section 7 of said 1905 Act being notice dated 17.02.2025 bearing Na.Ka.Va.A2/522/2022 and the same has also been issued by R3.
7.
A careful perusal of the language in which Section 7 of said 1905 Act is couched, makes it clear that a notice under Section 7 can be issued only by 6 categories of authorities and they are: i.
Collector;
ii. Tahsildar;
iii. Deputy Tahsildar;
iv. Revenue Inspector;
Page Nos.4/10
v.
Authorized officer; and vi. Specified Officer other than authorized officer. 8.
There is no disputation before us that R3 is neither an 'authorised officer' nor a 'specified officer' within the meaning of Section 7 of said 1905 Act. Therefore, Section 7 notice preceding the impugned notice /order also deserves to be dislodged. 9.
Therefore, we quash the impugned notice / order and exercising our inherent powers to make 'any other or further orders' qua a WP prayer, we quash the notice preceding the impugned notice/order, i.e., Section 7 notice dated 17.02.2025. We make it clear that all questions raised by the writ petitioner in the writ support affidavit are left open for being raised by the writ petitioner if a notice is issued afresh or any other proceedings are commenced. 10.
As regards the mandamus limb, a scanned reproduction of representation dated 04.03.2025 of writ petitioner, as placed before us, is as follows:
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Page Nos.6/10
The aforementioned representation which is addressed to R2 (Tahsildar) is self-explanatory.
11.
Learned State counsel submits that the powers of R2 and / or jurisdictional Revenue Divisional Officer are traceable inter alia to Revenue Standing Order 15 (38) and (39). Writ petitioner's representation dated 04.03.2025 will be disposed of by R2 or jurisdictional Revenue Divisional Officer, on its own merits and in accordance with law, as expeditiously as the business of R2 or jurisdictional Revenue Divisional Officer would permit, is learned State counsel's further say. This submission is recorded. Page Nos.7/10
12.
Ergo, the sequitur is, certiorari limb of prayer is allowed, a writ of certiorari is issued, impugned notice/order is set aside and the notice preceding the same is also set aside. Mandamus limb of prayer is disposed of by recording the stated position of learned State counsel.
13.
Captioned main WP stands disposed of in the aforesaid manner. Consequently, captioned writ miscellaneous petition thereat is disposed of as closed the same having become otiose. There shall be no order as to costs.
(M.S., J.) (K.G.T., J.) 09.04.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.8/10
To:
1.
The District Collector Vengikkal Tiruvannamalai Tiruvannamalai District 2.
The Tahsildar Kalasapakkam Taluk Office Kalasapakkam Tiruvannamalai District 3.
The Block Development Officer Kalasapakkam Panchayat Block Tiruvannamalai District 4.
The President Kalasapakkam Village Panchayat Kalasapakkam Tiruvannamalai District Page Nos.9/10
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad W.P. No.12758 of 2025 09.04.2025 Page Nos.10/10