T.Pandurangan v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR & W.M.P No.21628 of 2025 T.Pandurangan ... Petitioner Vs.
1. The Secretary to the Government Revenue Department Government of Tamilnadu Secretariat, Fort St.George Chennai - 600 009
2. The District Collector Ariyalur - 621 704
3. The Divisional Monitoring Committee Headed by Revenue Divisional Officer
4. The Thasildhar Senthrai Taluk Senthurai Page Nos.1/6
Ariyalur District - 621 714
5. The Special Officer/ Block Development Officer Ponparapi Village Panchayat Panchayat Union Office, Senthurai ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the impugned notice issued by the fifth respondent in Na.Ka.Yen.Aa2/049/2025 dated 22.04.2025 and to quash the same and consequently direct the respondents to provide an alternative accommodation to the petitioner as per the order of the 4th respondent in Na.Ka.Aa3/23/2024 dated 05.04.2025 before taking any steps for demolishing petitioner's house at No.1/162, Keeleri Vadakarai Main Road, Ponparappi Village, Senthurai Taluk, Ariyalur in S.No.269/1, Ponparappi Village.
For Petitioner :
Mr.D.N.George Graham For Respondents :
Mr.T.K.Saravanan Additional Government Pleader
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned main writ petition has been filed inter alia assailing an 'order signed by R5 on 22.04.2025 bearing reference e/f/vz;:M2 /049 / 2025' [hereinafter 'impugned order' for the sake of brevity]. To be noted, this is the certiorari limb of the prayer and as regards the mandamus limb, the writ petitioner has sought for alternate accommodation. Page Nos.2/6
2. Learned counsel for writ petitioner submits that the writ petitioner has not been given an opportunity qua the impugned order.
3. Issue notice.
4.Mr.T.K.Saravanan, learned Additional Government Pleader, who accepts notice for respondents, submits that impugned order has been made by R5 in exercise of powers under Section 131(2) of 'Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)' [hereinafter 'said Act' for the sake of convenience and clarity]. State counsel adds that this means that proceedings under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} will be kick started, which in turn means that the writ petitioner will be show-caused vide Section 7 of said 1905 Act and there is a three tier mechanism as regards opportunity to writ petitioner.
5. This Court is of the view that the mandamus limb of the prayer pertaining to alternate accommodation and submissions made by learned counsel at the Bar regarding a request for patta can all be made by the writ petitioner in response to Section 7 show-cause notice and the same shall be Page Nos.3/6
considered on its own merits and in accordance with law subject to writ petitioner satisfying the requisite parameters.
6. As the anxiety of the writ petitioner that he is under pain of dispossession and demolition stands doused owing to the stated position of the learned State counsel being recorded supra, we give a closure to the captioned writ petition and write that captioned writ petition is disposed of as closed. Consequently, the connected writ miscellaneous petition thereat is also disposed of as closed. There shall be no order as to costs. (M.S.,J.) (H.C.,J.) 11.06.2025 (1/2) Index : Yes / No gpa Page Nos.4/6
To
1. The Secretary to the Government Revenue Department Government of Tamilnadu Secretariat, Fort St.George Chennai - 600 009
2. The District Collector Ariyalur - 621 704
3. The Divisional Monitoring Committee Headed by Revenue Divisional Officer
4. The Thasildhar Senthrai Taluk Senthurai Ariyalur District - 621 714
4. The Thasildhar Senthrai Taluk Senthurai Ariyalur District - 621 714
5. The Special Officer/ Block Development Officer Ponparapi Village Panchayat Panchayat Union Office, Senthurai Page Nos.5/6
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa 11.06.2025 (1/2) Page Nos.6/6