K.Selvaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI K.Selvaraj ... Petitioner Vs.
1.The District Collector, Collectorate, Salem, Salem District.
2.The Revenue Divisional Officer, Collectorate, Salem, Salem District.
3.The Thasildar, Salem West, Sooramangalam, Salem District.
4.The Block Development Officer (V.P.)/ Commissioner, Panchayat Union Officer, Veerapandi, Salem, Salem District.
5.M.Pachaimuthu 6.M.Srinivasan 7.Thangam ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the official respondents Page Nos.1/8
1 to 4 to remove the encroachment made by the private respondents 5 to 7 bearing Survey No.27/1, Naickenpatti Village, Sivatharapuram, Sooramangalam Taluk, Salem District - 636 307. For Petitioner :
Mr.S.H.S.Manian For Respondents :
Mr.M.S.Arasakumar, Government Advocate for R1 to R3 Mr.C.Selvaraj, Additional Government Pleader for R4 Mr.P.Jagadeesan for R5 to R7
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Mr.S.H.S.Manian, learned counsel on record for writ petitioner, Mr.M.S.Arasakumar, learned Government Advocate for R1 to R3, Mr.C.Selvaraj, learned Additional Government Pleader for R4, Mr.P.Jagadeesan, learned counsel for R5 to R7 (private respondents) are before us.
2. Subject matter of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is land comprised in 'Survey No.27/1, Naickenpatti Village, Sivatharapuram, Sooramangalam Taluk, Salem District' (hereinafter 'said land' for the sake of convenience and clarity).
Page Nos.2/8
3. Captioned WP has been filed alleging that private respondents have encroached upon said land which has been classified as 'kallankuthu'. It is the further case of the writ petitioner that encroachment has been made by R5 to R7 by putting up a car shed.
4. Learned State counsel submits that a survey qua said land was conducted on 12.03.2025, encroachment by R5 [Mr.M.Pachaimuthu, S/o. Mr.Mannathan] was noticed and therefore proceedings have been initiated under 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}'.
5. Mr.P.Jagadeesan, learned counsel for private respondents (R5 to R7) submits that R5 has been visited with a notice under Section 7 of said 1905 Act. This notice has been signed by the jurisdictional Revenue Inspector and the date is shown as 13.07.2025. On instructions, learned counsel submits that this is an inadvertent error and the date may please be read as 13.03.2025.
6. Learned counsel for private respondents has placed before us Page Nos.3/8
a copy of the Section 7 notice received by R5 and a scanned reproduction of the same is as follows:
7. Learned State counsel submits that as per written instructions pursuant to survey it is noticed that R5 is an encroacher. Page Nos.4/8
8. Now that proceedings under said 1905 Act have commenced, let the same be carried to its logical end on its own merits and in accordance with law. To be noted, learned counsel for private respondents submits that R5 will be responding to the aforementioned Section 7 notice before 27.03.2025. This means that an order under Section 6 has to be made by considering the noticee's response.
9. This Court has repeatedly held that said 1905 Act is a selfcontained Code. The reason inter-alia is that there is a provision to have the alleged encroacher show caused under Section 7 of said 1905 Act followed by an order (considering the cause shown). The order under Section 6 is appealable under Section 10 [District Collector is the appellate authority] and there is a provision for further revision to the Government under Section 10-A [Section 10-A(3) to be precise] of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Therefore, said 1905 Act is a self-contained Code in every sense of the expression.
10. We make it clear that all the rights and contentions of R5 (as well as R6 and R7) as well as writ petitioner stand preserved and all Page Nos.5/8
questions are left open. We have not expressed any view or opinion on the alleged encroachment.
11. Let the proceedings that have been commenced under said 1905 Act be concluded as expeditiously as the business of official respondents would permit.
12. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 14.03.2025 Index : Yes / No mmi To 1.The District Collector, Collectorate, Salem, Salem District.
2.The Revenue Divisional Officer, Collectorate, Salem, Salem District.
Page Nos.6/8
3.The Thasildar, Salem West, Sooramangalam, Salem District.
4.The Block Development Officer (V.P.)/ Commissioner, Panchayat Union Officer, Veerapandi, Salem, Salem District.
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., Page Nos.7/8
mmi 14.03.2025 Page Nos.8/8