D.Saravanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.SUNDAR THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P. Nos.27102,27105,27107,27108,27110,27603 & 27611 of 2025 W.P. SR. Nos.111903, 111904 and 111905 of 2025 W.M.P.Nos.30397,30399,30400,30402,30404,30924 & 30934 of 2025 W.M.P. SR. Nos.111913, 111908 and 111911 of 2025 D. Saravanan Petitioner in WP No.27102/2025 A. Neduchezhiyan Petitioner in WP No.27105/2025 S. Vijayakumar Petitioner in WP No.27107/2025 C. Muniyammal Petitioner in WP No.27108/2025 P. Kalyanram Petitioner in WP No.27110/2025 S. Ramalingam Petitioner in WP No.27603/2025 S. Ezhilamaran Petitioner in WP No.27611/2025 P. Palani Petitioner in WPSRNo.111905/2025 K. Sivakumar Petitioner in WPSRNo.111903/2025 G. Yasotha Petitioner in WPSRNo.111904/2025 vs.
The District Collector Vengikkal, Tiruvannamalai Tiruvannamalai District 2.
The Revenue Divisional Officer Revenue Divisional Office Ring Road Link Arani, Tiruvannamalai District 3.
The Tahsildar Polur Taluk Office, Polur Tiruvannamalai District 4.
R. Seenuvasan Respondents in all WPs Page Nos.1/10
Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to take up the petitioners' appeals dated 07.04.2025 under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and the stay petitions filed under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905 and dispose of the same on merits and in accordance with law after affording an opportunity of personal hearing to the petitioners. For petitioners Ms. Karthikaa Ashok in all WPs COMMON ORDER [made by M.SUNDAR, J.] After some arguments, Ms.
Karthikaa Ashok, learned counsel on record for writ petitioners, sought leave of this Court to withdraw the captioned 'writ petitions' [hereinafter 'WPs' for the sake of brevity] (both numbered and at SR stage) and captioned 'writ miscellaneous petitions' [hereinafter 'WMPs' for the sake of brevity] (both numbered and at SR stage) thereat but made a plea to preserve all the rights and contentions of writ petitioners to file statutory appeals before R1 (District Collector) i.e., statutory appeals under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905)' Page Nos.
[hereinafter 'the said 1905 Act'] assailing the orders made by R3 (Tahsildar) being orders dated 01.04.2025 in exercise of powers under Section 6 of said 1905 Act. A scanned reproduction of the endorsements made by learned counsel in case files is as follows: Endorsement in W.P.No.27102 of 2025:
Endorsement in W.P.No.27105 of 2025:
Page Nos.3/10
Endorsement in W.P.No.27107 of 2025:
Endorsement in W.P.No.27108 of 2025:
Page Nos.4/10
Endorsement in W.P.No.27110 of 2025:
Endorsement in W.P.No.27603 of 2025:
Page Nos.5/10
Endorsement in W.P.No.27611 of 2025:
Endorsement in W.P. SR. No.111905 of 2025:
Page Nos.6/10
Endorsement in W.P. SR. No.111904 of 2025:
Endorsement in W.P. SR. No.111903 of 2025:
Page Nos.7/10
This request of learned counsel is acceded to. 2.
Before we write the operative portion of this common order, for the sake of specificity, we clarify that the need to withdraw the captioned WPs (both numbered and at SR stage) and captioned WMPs thereat (both numbered and at SR stage) arose as the statutory appeals [said to be dated 07.04.2025 and said to have been received by R2 (Revenue Divisional Officer) on 08.04.2025] have been filed before R2 who is not the appellate authority under Section 10(a) of said 1905 Act.
3.
Be that as it may, if the writ petitioners choose to file statutory appeals (along with stay petitions under Section 10-B of said 1905 Act) in the manner set out in the opening paragraph, the time spent before wrong fora i.e., R2 and this Court, will stand excluded for computing limitation within the meaning of Section 11(1) of said 1905 Act by application of the limitation principle underpinning the Limitation Act, 1963.
Page Nos.8/10
4.
For the sake of further specificity, we make it clear that if appeals and stay petitions in the aforesaid manner are filed before R1, the same shall be considered by R1 on their own merits and in accordance with law untrammeled by the withdrawal of the captioned WPs (both numbered and at SR stage) and WMPs (both numbered and at SR stage) thereat.
5.
In the light of the narrative thus far, captioned WPs (both numbered and at SR stage) and captioned WMPs (both numbered and at SR stage) thereat are disposed of as closed/withdrawn, without expressing any view or opinion on the merits of the matter but with preservation of rights in the aforesaid manner and aforereferred observations. There shall be no order as to costs. (M.S., J.) (H.C., J.) 23.07.2025 cad Page Nos.9/10
M.SUNDAR, J.
HEMANT CHANDANGOUDAR, J.
cad To The District Collector Vengikkal Tiruvannamalai Tiruvannamalai District 2.
The Revenue Divisional Officer Revenue Divisional Office Ring Road Link Arani Tiruvannamalai District 3.
The Tahsildar Polur Taluk Office Polur Tiruvannamalai District Common order in W.P. Nos.27102, 27105, 27107, 27108, 27110, 27603 & 27611 of 2025 W.P. SR. Nos.111903, 111904 and 111905 of 2025 23.07.2025 Page Nos.10/10