M.Krishnaveni v. The Block Development Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.22897 of 2021 & W.M.P.No.24099 of 2021 M.Krishnaveni

...Petitioner

vs.

The Block Development Officer (Village Panchayat) Uthangarai, Krishnagiri District

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the entire records relating to the order dated 09.09.2021 issued under Section 6 of the Land Encroachment Act, 1905 (Act 3 of 1905) on the file of the respondetn herein and quash the same.

For petitioner : Mr.R.Kothandapani For Respondent : Mr.T.K.Saravanan Additional Government Pleader

ORDER

[Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, learned State counsel fairly submitted that the captioned matter is directly and squarely covered by C.Sivanandam Page Nos.1/10

case i.e., order dated 26.03.2025 in W.P.No.27887 of 2022 and WMP thereat to which one of us (M.SUNDAR.,J.) was a party and the same reads as follows:

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2. In the case on hand, the impugned order under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' Page Nos.7/10

{hereinafter 'said 1905 Act' for the sake of brevity} has been made by sole respondent (Block Development Officer). The impugned order was preceded by a notice under Section 7 being notice dated 07.09.2021 and the same has been issued by the sole respondent. Paragraphs 5 to 7 of C. Sivanandam's case are relevant.

3. Applying C. Sivanandam principle, captioned WP stands allowed, the impugned order dated 09.09.2021 and the notice preceding the same dated 07.09.2021 are set aside preserving all the rights and contentions of the State to commence proceedings afresh by a competent authority. It is made clear that if such proceedings are commenced, all rights and contentions of writ petitioner also will stand preserved. Consequently, captioned WMP is closed. There shall be no order as to costs. [M.S.,J.] [H.C.,J] 18.07.2025 Index: Yes/No Speaking order/Non-speaking order gpa Page Nos.8/10

To The Block Development Officer (Village Panchayat) Uthangarai Krishnagiri District Page Nos.9/10

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

gpa 18.07.2025 Page Nos.10/10