F.W.H.Sengutuvan v. The Commissioner Of Land Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P. No.5179 of 2025 and W.M.P. Nos.5757,5759 & 5760 of 2025 F.W.H. Senguttuvan Founder/President Zion Way of Life Trust Reg. No.436/1995 No.1, Jerusalem Street Thandurai Pattabiram Petitioner vs.

1.

The Commissioner of Land Administration Land Administration Department (II Floor) Ezhilagam Chepauk Chennai 600 005 The District Collector Thiruvallur District Thiruvallur The District Revenue Officer Thiruvallur 602 003 Page Nos.1/6

The Revenue Divisional Officer Thiruvallur - 602 003 The Tahsildar Avadi Taluk Avadi Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records pertaining to the impugned notice dated 08.03.2024 issued under Section 6 by the fifth respondent and quash the same and direct the respondents to pay a compensation of Rs.3,00,00,000/- for the illegal demolition of the petitioner's building situate in Survey No.300, Town Survey No.10, Thandurai Village, Poonamallee Taluk, Thiruvallur District.

For petitioner Mr. S. Sathya Raj For respondents Mr. M.S. Arasakumar Government Advocate Page Nos.2/6

ORDER

[made by M.SUNDAR, J.] After some arguments, Mr. S. Sathya Raj, learned counsel on record for the writ petitioner, sought leave of this Court to withdraw the captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) and captioned 'writ miscellaneous petitions' (hereinafter 'WMPs for the sake of brevity) but made a plea to preserve all the rights and contentions of the writ petitioner to pursue statutory appeal under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) (for brevity 'said 1905 Act'), saying so, learned counsel has made an endorsement in the case file and scanned reproduction of the same is as follows:

Page Nos.3/6

This Court has repeatedly held that said 1905 Act is a self contained 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.

Therefore, the request of learned counsel on record for writ petitioner qua preservation of rights and contentions of writ petitioner is acceded to i.e., preservation of rights and contentions to pursue statutory appeal under Section 10 of said 1905 Act along with stay petition under Section 10-B before jurisdictional Collector, if so advised and if so desired.

Page Nos.4/6

Learned counsel for writ petitioner submits that demolition has already happened but some of the effects are still lying in the site. However, learned State counsel submits that the writ petitioner, on his own volition, had taken all the effects at the time of demolition. If any of the effects are still lying in the site, as submitted by learned counsel for writ petitioner, it is open to the writ petitioner to make an interim plea giving an adumbration of a list of effects before the District Collector in this regard, who, in turn, shall consider the same. We are adopting this course not by expanding the scope of Section 10-B but for the District Collector to act on the administrative side as we find that the matter turns on factual disputations. 6.

Captioned main WP and WMPs thereat are disposed of as withdrawn/closed albeit with preservation of rights and contentions in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (K.G.T., J.) 17.02.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.5/6

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad To 1.

The Commissioner of Land Administration Land Administration Department (II Floor) Ezhilagam Chepauk Chennai 600 005 The District Collector Thiruvallur District Thiruvallur The District Revenue Officer Thiruvallur 602 003 The Revenue Divisional Officer Thiruvallur - 602 003 The Tahsildar Avadi Taluk Avadi 17.02.2025 Page Nos.6/6