C.Murugan v. The Commissioner Land Administration

2025:MHC:1468

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

1. C.Murugan

2. Tmt.Sangeetha

3. C.Sevathan ... Petitioners Vs.

1. The Commissioner Land Administration Ezhilagam, Chepauk, Chennai - 600 005

2. The Collector of Kallakurichi District Collectorate, Kallakurichi

3. The District Revenue Officer Revenue Office, Kallakurichi

4. The Revenue Divisional Officer Revenue Office, Kallakurichi

5. The Revenue Tahsildar Office of the Tahsildar Kalvarayan Hills Taluk Kallakurichi District ... Respondents Page Nos.1/8

Writ Petition filed under Article 226 of The Constitution of India praying to issue writ of certiorarified mandamus calling for the records from the 5th respondent pertaining to their show cause Notice in Na.Ka.A3/684/2022 dated ....5.2025/04.6.2025 issued to the petitioners under Act III Section (7) of the Tamilnadu Land Encroachment Act 1905 and to quash the same and directing the respondents to issue patta to the petitioners as per the registered Document No.560 of 1970 for the full extent of their lands, situated in Vellimalai village, Kalvarayan Hills Taluk, Kallakurichi District and issue patta for the full extent of our lands by considering our representation date 10.5.2025 For Petitioners :

Mr.R.Agilesh

ORDER

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.R.Agilesh, learned counsel on record for writ petitioners sought leave of this Court to withdraw the captioned main 'Writ Petition' ['WP' for the sake of brevity] but made a plea to preserve all the rights and contentions of the writ petitioners to respond to the impugned Page Nos.2/8

notice signed by R5 on 04.06.2025. To be noted, impugned notice is 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}. This request is acceded to.

2. The endorsement made by learned counsel in the case file is as follows:

3. In the light of the narrative thus far, captioned WP is disposed of as withdrawn / closed albeit with preservation of rights and contentions of writ petitioners in the aforesaid manner. However, for the sake of specificity, we Page Nos.3/8

clarify that when the writ petitioners respond to the impugned Section 7 notice, the Revenue authority shall consider the same on its own merits and in accordance with law without being impacted by the withdrawal of the captioned WP. Likewise, we deem it appropriate to make it clear that writ petitioners' request for grant of patta, if writ petitioners make a separate application/representation, shall also be considered by the State on its own merits and in accordance with law depending on the eligibility criteria and writ petitioners meet the same untrammeled by withdrawal of captioned WP. The suit being O.S.No.

234 of 2022 on the file of District Munsif Court, Sankarapuarm shall also proceed on its own merits and in accordance with law as bare injunction, if at all and if that be so, is only qua dispossession de hors due process of law and that will not come in the way of special Statute like said 1905 Act being triggered, more so in the light of this Court having repeatedly held that said 1905 Act is a self-contained code by respectfully following Girnar principle i.e., law laid down by Hon'ble Supreme Court in Girnar Traders (3) Vs. State of Maharashtra reported in (2011) 3 SCC 1. In this regard, it is deemed appropriate to write that this Court, in order dated 29.04.2025 in W.P.Nos.8355 and 8357 of 2022 and W.M.P. Nos.8324 and Page Nos.

8237 of 2022 thereat reported in Neutral Citation [2025:MHC:1162], respectfully adverting to Girnar principle, held that said 1905 Act is a self contained Code. To be noted, Girnar principle is one where Hon'ble Supreme Court declared the law as regards what would be a self-contained Code. It was held that a statute, which is a complete legislation with regard to the purpose for which it is enacted and provides for complete machinery to deal with purposes sought to be achieved by the statute with dependence on other legislations being absent or at best minimal, is a self-contained Code.

4. In this context, as regards said 1905 Act, inter alia, 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 of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Such a three-tier machinery has been put in place to check unauthorised occupation of lands which are the properties of the Page Nos.5/8

Government by imposition of penal or prohibitory assessment or charge, after giving adequate and ample opportunity to a person who is alleged to be in occupation of public roads, streets, lanes and paths, bridges, ditches, dikes and fences, rivers, streams, nalas, lakes, tanks and such other properties of Government. Suffice to say that said 1905 Act is clearly a self-contained Code.

5. Captioned WP disposed of as withdrawn/closed albeit with preservation of rights and contentions and observations in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (H.C.,J.) 19.06.2025 (1/2) Index : Yes / No gpa To

1. The Commissioner Land Administration Ezhilagam, Chepauk, Chennai - 600 005

2. The Collector of Kallakurichi District Collectorate, Kallakurichi

3. The District Revenue Officer Revenue Office, Kallakurichi Page Nos.6/8

4. The Revenue Divisional Officer Revenue Office, Kallakurichi

5. The Revenue Tahsildar Office of the Tahsildar Kalvarayan Hills Taluk Kallakurichi District Page Nos.7/8

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa 19.06.2025 (1/2) Page Nos.8/8