K.Dhairya Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR & W.M.P No.18344 of 2025 in 16224 of 2025 K.Dhairya Lakshmi ... Petitioner Vs.

1. The District Collector Perambalur District Perambalur

2. The Tahsildar O/o.Kunnam Taluk Tahsildar Perambalur District

3. The Block Development Officer Veppur Panchayat Union Kunnam Taluk Perambalur District ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from evicting the petitioner and demolishing the asbestos sheet home at No.6/155, Sirumathur Kudikadu, Kezipuliyur Post, Kunnam Taluk, Perambalur District.

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For Petitioner :

Mr.D.Bharathy For Respondents :

Mr.T.K.Saravanan Additional Government Pleader

ORDER

[Order of the Court was made by M.SUNDAR, J.,] In the captioned 'Writ Petition' ['WP' for the sake of brevity], though the prayer is one for mandamus forbearing the respondents from evicting or demolishing the dwelling house of writ petitioner at No.6/155, Sirumathur Kudikadu, Kezipuliyur Post, Kunnam Taluk, Perambalur District, we find from the case file that the writ petitioner has been visited with a notice 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} and this notice is dated 24.03.2025.

2. Before proceeding further, we deem it appropriate to record that Mr.D.Bharathy, learned counsel for writ petitioner submitted that the writ petitioner had earlier filed W.P.No.20024 of 2014 with regard to the same property qua representation dated 24.01.2014 and the same came to be Page Nos.2/13

disposed of by a Hon'ble single Judge vide an order dated 02.12.2021, which reads as follows:

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3. The above was followed by another WP by the writ petitioner being W.P No.29545 of 2018 and the same was dismissed for default vide an order dated 28.06.2024 made by another Hon'ble single Judge and a scanned reproduction of the same is as follows:

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4. Reverting to Section 7 of said 1905 Act notice, learned counsel for writ petitioner submits that writ petitioner has responded to the Section 7 notice vide a response dated 27.03.2025, no orders have been passed but the writ petitioner is under pain of dispossession / demolition and that has necessitated the captioned WP.

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5. Issue notice to respondents.

6. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for respondents and submits, on instructions, that 27.03.2025 response of the writ petitioner is under active consideration and R2 will now pass an order under Section 6 of said 1905 Act as expeditiously as the official business of R2 permits but in any event within a fortnight from today i.e., on or before 17.06.2025. Learned State counsel also fairly submits that coercive action, if any and if that be so, shall be subject to and depending on orders to be made by R2 under Section 6 of said 1905 Act. This amounts to stating the obvious. Nonetheless we record the stated position of learned State counsel.

7. Though obvious, we deem it appropriate to make it clear that the order under Section 6 shall be made by R2 on its own merits and in accordance with law untrammeled by instant proceedings.

8. Captioned WP disposed of in the aforesaid manner recording the stated position of the learned State counsel. In the light of the submission of learned State counsel, which has been captured supra, captioned WMP Page Nos.11/13

has become otiose and the same is disposed of as closed. There shall be no order as to costs.

(M.S.,J.) (H.C.,J.) 03.06.2025 Index : Yes / No gpa To

1. The District Collector Perambalur District Perambalur

2. The Tahsildar O/o.Kunnam Taluk Tahsildar Perambalur District

3. The Block Development Officer Veppur Panchayat Union Kunnam Taluk Perambalur District Page Nos.12/13

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa 03.06.2025 Page Nos.13/13