Madras High CourtWP/25776/2025disposed of

T.Balakumar v. The District Collector

2025-07-16Honourable Mr Justice M. Sundar,Honourable Mr.Justice Hemant Chandangoudar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.25776 of 2025 T. Balakumar Petitioner vs.

The District Collector Collectorate Erode District Erode 638 001 The District Revenue Officer Collectorate Erode 638 001 The Superintendent Engineer State Highways TNRSP Scheme Tirupur 641 604 The Tahsildar Revenue Taluk Office Erode Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st respondent to consider the objections of the petitioner dated 09.01.2024 and 20.05.2025 with reference to conversion of poramboke land and grant of patta in Page Nos.1/6

respect of lands in R.S.No.110, Perode Village, Erode Taluk and take action in accordance with law in a time bound manner. For petitioner Mr. S. Malarmannan For respondents Mr. T.K. Saravanan Additional Government Pleader

ORDER

[made by M.SUNDAR, J.] Captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a Removal of Encroachment (RoE) prayer qua 'R.S.No.110, Perode Village, Erode Taluk, Erode District' [hereinafter 'said land' for the sake of convenience and clarity]. Mr. S. Malarmannan, learned counsel on record for writ petitioner, submits that repeated representations to respondents as regards aforereferred RoE have not yielded results and that has necessitated the filing of the captioned WP.

Issue notice to respondents.

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for all four respondents and submits, on instructions, that assignment was made qua said land (assignment in Page Nos.2/6

favour of private individuals) but the same was cancelled for alleged violation of conditions but we express no view or opinion on cancellation of assignment.

Be that as it may, what is of relevance to the captioned WP is, learned State counsel submits that revenue classification of said land as of today is Government poramboke and proceedings for RoE under 'the Tamil Nadu Land Encroachment Act (Act III of 1905)' [hereinafter 'said 1905 Act' for the sake of convenience and clarity] is in the anvil and that the same would commence as expeditiously as the business of respondents would permit but in any event within four weeks from today i.e., on or before 13.08.2025. 6.

In the light of the limited scope of the captioned WP, this Court is of the considered view that recording the stated position of the learned State counsel will suffice for giving a closure to the captioned WP.

However, before doing so, we also deem it appropriate to record that learned State counsel submits that some of the encroachers are eligible for alternative site and the same would be considered.

Page Nos.3/6

In this view of the matter, we also make it clear that any person who is put on notice i.e., any noticee qua proceedings under said 1905 Act, which, according to learned State counsel, is in the anvil, will have all the questions and rights left open for responding when show caused. As all the rights and contentions of all possible noticees qua proceedings under said 1905 Act, which, according to learned State counsel, is in the anvil, are preserved, there is no impediment in taking up the captioned WP with the consent of learned counsel for writ petitioner and learned State counsel in the Admission Board, i.e., Motion List, itself. We do so.

Captioned WP stands disposed of as closed recording the stated position of learned State counsel, albeit with preservation of rights, as alluded to supra. There shall be no order as to costs. (M.S., J.) (H.C., J.) 16.07.2025 cad Index:

Yes/No N.C.

Yes/No Page Nos.4/6

To 1.

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad W.P.No.25776 of 2025 16.07.2025 Page Nos.6/6