Madras High CourtWP/21670/2025dismissed

V.Kannan v. The Additional Chief Secretary

2025-09-15Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP Nos.24458, 24460, 24463, 24467 and 24469 of 2025 V.Kannan .. Petitioner in WP.21670/25 P.Sivalingam .. Petitioner in WP.21673/25 R.Krishnamoorthy .. Petitioner in WP.21675/25 R.Kumar .. Petitioner in WP.21679/25 G.Selvaraj .. Petitioner in WP.21680/25 -vs1. The Additional Chief Secretary, Commissioner of Revenue Administration, Revenue and Disaster Management, Secretariat, Fort St. George, Chennai 600 009.

2. The District Collector, Collectorate, Vengikkal, Thiruvannamalai District, Thiruvannamalai 606 604.

3. The District Revenue Officer, Vengikkal, Thiruvannamalai District, Thiruvannamalai 606 604.

4. The Commissioner of Corporation, 222, Thirukovilur Road, Thiruvannamalai 606 601.

5. The Tahsildhar, MathalangKula Street, Tiruvannamalai District 606 601.

.. Respondents Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to issue Patta to the area in occupation of the petitioners in SF No.10, Ward No.3, Block No. 1, Thiruvannamalai Town classified as "Kallankuthu" in revenue records taking into the account RSO-15 and G.O.(MS) No.97, Revenue and Disaster Management (LD-1(1)) Department dated 21.02.2025.

For Petitioner in all WPs.

Mr.Srinath Sridevan Senior Counsel for Ms.M.Adhishree For Respondents in all WPs.

Mr.A.Edwin Prabakar State Govt. Pleader for RR 1 to 3 and 5 * * * * *

COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) These writ petitions have been listed along with the Public Interest Litigations for analogous hearing, as the issue remains one and the same.

1.1. There are three Public Interest Litigations, viz., W.P.Nos.17511, 20084 and 19880 of 2024, wherein mandamus is sought for removal of encroachments from waterbodies and the land comprised in a hill area.

1.2. The petitioners in the present writ petitions, who have all rushed to this Court to file the petitions, against implementation of the directions issued in a PIL directing the Monitoring Committee to proceed not only to identify but also to remove the encroachments.

2. After having gone through the order dated 29.08.2024 passed a PIL viz.,W.P.No.19880 of 2024, we find that specific directions were

issued by this Court appointing a retired Judge of this Court as the Chairman of the Monitoring Committee constituted earlier to take appropriate action for removal of encroachments in Girivalapathai in Tiruvannamalai Temple and for further action, if any required, for restoring the lands to HR & CE Department, Forest Department, etc.

3. The relief which is sought in the present writ petitions filed by private respondents is in the teeth of the directions which have already been issued by this Court in the connected PIL. These writ petitions seek a direction for consideration of the petitioners' application for grant of patta on the statement that they have been enjoying the possession since long.

4. It is not in dispute that all these writ petitioners are encroachers, but, now they claim grant of patta. As long as the directions contained in the order dated 29.08.2024 passed in W.P.No.19880 of 2024 remains in force, no such mandamus as sought for in these writ petitions can be issued in violation of the direction issued in the PIL.

These writ petitions are, accordingly, dismissed. However, it will be open for the petitioners to seek impleadment in W.P.No.19880 of 2024. There shall be no order as to costs. Consequently, the interim applications stand closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 15.09.2025 Index : Yes/No : Yes/No sra To

1. The Additional Chief Secretary, Commissioner of Revenue Administration, Revenue and Disaster Management, Secretariat, Fort St. George, Chennai 600 009.

2. The District Collector, Collectorate, Vengikkal, Thiruvannamalai District, Thiruvannamalai 606 604.

3. The District Revenue Officer, Vengikkal, Thiruvannamalai District, Thiruvannamalai 606 604.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(sra)

4. The Commissioner of Corporation, 222, Thirukovilur Road, Thiruvannamalai 606 601.

5. The Tahsildhar, MathalangKula Street, Tiruvannamalai District 606 601.

WP Nos.21670, 21673, 21675, 21679 and 21680 of 2025 15.09.2025