Srinivasan Gengachalam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.Nos.15417, 15421, 15423, 15425, 15428, 15430 and 15432 of 2025 and W.M.P. No.17441 of 2025 in W.P.No.15417 of 2025 W.M.P. No.17444 of 2025 in W.P.No.15421 of 2025 W.M.P. No.17443 of 2025 in W.P.No.15423 of 2025 W.M.P. No.17445 of 2025 in W.P.No.15425 of 2025 W.M.P. No.17446 of 2025 in W.P.No.15428 of 2025 W.M.P. No.17448 of 2025 in W.P.No.15430 of 2025 W.M.P. No.17449 of 2025 in W.P.No.15432 of 2025 Srinivasan Gengachalam Petitioner in W.P.No.15417 of 2025 S.Sakthivel Petitioner in W.P.No.15421 of 2025 R.Amudha Petitioner in W.P.No.15423 of 2025 S.Jayanthi Petitioner in W.P.No.15425 of 2025 Thilakavathi Rajendran Petitioner in W.P.No.15428 of 2025 Sangeetha Manoharan Petitioner in W.P.No.15430 of 2025 K.Selvakumar Petitioner in W.P.No.15432 of 2025 Page Nos.1/12
vs.
1.
The District Collector Cuddalore District 2.
The Sub-Collector/Revenue Divisional Officer Chidambaram Cuddalore District 3.
The Tahsildar Chidambaram Cuddalore District 4.
The Assistant Engineer Water Resources Department Khansahib Canal Section Chidambaram Cuddalore District Respondents in all WPs Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to consider the petitioners' representations dated 04.04.2025 and the subsequent representations dated 05.04.2025 made to the fourth respondent. For Petitioners in Mr. A. Kumar all WPs along with Mr. K.J. Sivakumar For Respondents in Mr. T.K. Saravanan all WPs Addl. Govt. Pleader Page Nos.2/12
COMMON ORDER [Order of the Court was made by M. SUNDAR, J.] Captioned 'Writ Petitions' (hereinafter 'WPs' for the sake of brevity) are predicated on identical representations dated 04.04.2025 and 05.04.2025 (hereinafter 'said representations') made by each of the writ petitioners wherein writ petitioners, who are encroachers in a water body, seek issue of free house site pattas in an alternative site at Thandavarayan Chozhan Pettai, Chidambaram Taluk, Cuddalore District.
2.
Learned counsel for writ petitioners submits that the writ petitioners are entitled to free house site pattas but they are under imminent threat of dispossession/demolition under 'the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' (hereinafter 'Tanks Act' for the sake of brevity). 3.
Issue notice to respondents.
Page Nos.3/12
4.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for all four respondents, submits on instructions that the requests of the writ petitioners for issue of free house site pattas at alternative site have been examined and the State has come to the conclusion that the writ petitioners are entitled to free house site pattas vide G.O. (Ms.) No.97, Revenue and Disaster Management [LD-1(1)] Department dated 21.02.2025 as amended by G.O. (Ms.) No.205, Revenue and Disaster Management [LD-1(1)] Department dated 26.04.2025 (hereinafter 'said GOs' for the sake of convenience and clarity').
5.
Learned State counsel further submits, on instructions, that decision has been taken by State to grant free house site pattas in Thandavarayan Chozhan Pettai, Chidambaram Taluk, Cuddalore District and the exercise of grant of free house site pattas will be completed as expeditiously as the business of official respondents would permit but in any event on or before 31.07.2025.
6.
Owing to the stated position of the learned State counsel, the task of disposal of captioned WPs and captioned 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' for the sake of brevity) Page Nos.4/12
thereat has become fairly simple. Therefore, with the consent of learned counsel on both sides, captioned main WPs are taken up in the Admission Board.
7.
If the State has already taken a decision to grant free house site pattas at Thandavarayan Chozhan Pettai, Chidambaram Taluk, Cuddalore District, to writ petitioners vide said GOs, it is only appropriate that coercive action against writ petitioners qua encroachments made by them is deferred till pattas are issued to writ petitioners. To be noted, Mr.A.Kumar, along with Mr. K.J. Sivakumar, learned counsel on record for writ petitioners, fairly submits, on instructions, that the writ petitioners will readily accept the alternative site and will vacate the encroachments qua water body without waiting for coercive action. In other words, no sooner than alternative sites are provided, writ petitioners will vacate the encroachments without compelling coercive action. This submission is recorded. In this regard, learned counsel for writ petitioners, on instructions, has made endorsements in the case files and a scanned reproduction of the same is as follows:
Page Nos.5/12
Endorsement in W.P.No.15417 of 2025:
Endorsement in W.P.No.15421 of 2025:
Page Nos.6/12
Endorsement in W.P.No.15423 of 2025:
Endorsement in W.P.No.15425 of 2025:
Page Nos.7/12
Endorsement in W.P.No.15428 of 2025:
Endorsement in W.P.No.15430 of 2025:
Page Nos.8/12
Endorsement in W.P.No.15432 of 2025:
8.
We make it clear that this common order is being made by recording the stated position of learned State counsel. In other words, it is in the nature of a consent order and therefore, this order will not serve as a precedent in other cases of this nature. 9.
Captioned WPs are disposed of by making the following order:
i.
Let the decision of the State to grant free house site pattas to writ petitioners vide said Government Page Nos.9/12
Orders be implemented by issuing suitable orders as expeditiously as the official business of the respondents would permit but in any event on or before 31.07.2025; and ii. Post 31.07.2025, if the writ petitioners do not vacate albeit the undertaking, coercive action already commenced shall continue and the same shall be taken to its logical end as expeditiously as the official business of respondents would permit but in any event within three months therefrom i.e., on or before 31.10.2025.
10.
Captioned main WPs are disposed of in the aforesaid manner. In the light of our allusion supra regarding deferring coercive action, captioned WMPs have become otiose and the same are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (H.C.,J.) 02.06.2025 Index : Yes / No mmi Page Nos.10/12
To 1.
The District Collector Cuddalore District 2.
The Sub-Collector/Revenue Divisional Officer Chidambaram Cuddalore District 3.
The Tahsildar Chidambaram Cuddalore District 4.
The Assistant Engineer Water Resources Department Khansahib Canal Section Chidambaram Cuddalore District Page Nos.11/12
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi W.P.Nos.15417, 15421, 15423, 15425, 15428, 15430 and 15432 of 2025 02.06.2025 Page Nos.12/12