Annamalai v. The District Collector
ADDENDUM M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR, J.) Captioned matter is listed today under the cause list caption 'FOR BEING MENTIONED'.
2. Mr.T.K.Saravanan, learned State counsel, is present before this Court.
3. It is pointed out that in the order dated 29.04.2025 in the captioned writ petition, in the second sentence of paragraph 3 of the order, an error has occurred. For the sake of convenience, paragraph 3 of the order dated 29.04.2025 is extracted hereunder and the error is underlined:
'3.
Mr.T.K.Saravanan, learned Additional Government Pleader, who has accepted notice on behalf of the respondents, submits that the application sent by the writ petitioner will be considered within eight weeks i.e., on or before 24.06.2025 by the second respondent herein, namely Tahsildar, Cheyyur Taluk, Chengalpattu District. After enquiry, if it is informed that there is no encroachment of said land by the petitioner, patta will be issued in his favour or otherwise, 1/9
action will be initiated under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' [hereinafter 'said 1905 Act' for the sake of convenience] for removal of encroachment.'
4. In the second sentence of Paragraph 3 of the order, the word 'informed' shall read as 'found'. Therefore, we correct the afore-referred error. The corrected version of entire paragraph 3 reads as follows: '3.
Mr.T.K.Saravanan, learned Additional Government Pleader, who has accepted notice on behalf of the respondents, submits that the application sent by the writ petitioner will be considered within eight weeks i.e., on or before 24.06.2025 by the second respondent herein, namely Tahsildar, Cheyyur Taluk, Chengalpattu District. After enquiry, if it is found that there is no encroachment of said land by the petitioner, patta will be issued in his favour or otherwise, action will be initiated under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' [hereinafter 'said 1905 Act' for the sake of convenience] for removal of encroachment.'
5. Learned State counsel agreed to have the aforementioned correction made.
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6. In all other aspects, the order dated 29.04.2025 remains the same. Therefore, this order will now be made as 'Addendum' and Corrigendum / Erratum to 29.04.2025 order already pronounced in open court and already uploaded. This order will now be uploaded as 'ADDENDUM' to / along with order made by this Court on 29.04.2025 and the Registry is directed to carry out necessary and consequential corrections and shall issue certified copies accordingly. [M.S., J.] [K.G.T., J.] 23.06.2025 gpa 3/9
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 23.06.2025 4/9
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P No.30499 of 2022 Annamalai W/o.Shanmugam ... Petitioner vs.
1. The District Collector Chengalpattu District Chengalpattu
2. The Tahsildar Cheyyur Taluk Chengalpattu District
3. The Deputy Tahsildar Cheyyur Taluk Chengalpattu District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing Respondents 1 and 2 herein to not to dispossesses from his grama natham property comprised in Survey No.124/1 New Survey No.184/6 at Madavilagam Village, Cheyyur Taluk, Chengalpattu District admeasuring to an extent of 70 cents.
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For Petitioner :
Mr.G.Magesh Kumar For Respondents :
Mr.T.K.Saravanan Additional Government Pleader for R1 to R3
O R D E R
[Order of the Court was made by K.GOVINDARAJAN THILAKAVADI, J.,] Captioned writ petition is filed with a mandamus prayer directing Respondents 1 and 2 to not to dispossess the writ petitioner from the 'land admesuring an extent of 70 cents in Survey No.124/1, New Survey No.184/6 in Madavilagam Village, Cheyyur Taluk, Chengalpattu District' [hereinafter 'said land' for the sake of brevity].
2. The learned counsel for writ petitioner submits that the petitioner is in possession of said land, which is classified as 'Grama Natham' and when the writ petitioner attempted to put construction in the said land, the third respondent alleging that the petitioner had encroached upon the said land, stopped the same and asked the petitioner to vacate the said land before 16.11.2022. Hence, the writ petitioner sent a representation/application dated 31.10.2022 for issuance of patta in his favour for the said land. Since no action has been taken, the petitioner is constrained to file the above writ petition.
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3. Mr.T.K.Saravanan, learned Additional Government Pleader, who has accepted notice on behalf of the respondents, submits that the application sent by the writ petitioner will be considered within eight weeks i.e., on or before 24.06.2025 by the second respondent herein, namely Tahsildar, Cheyyur Taluk, Chengalpattu District. After enquiry, if it is informed that there is no encroachment of said land by the petitioner, patta will be issued in his favour or otherwise, action will be initiated under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' [hereinafter 'said 1905 Act' for the sake of convenience] for removal of encroachment.
4. In view of the above stated position of the learned State counsel, the following order is passed:
i) The application submitted by the writ petitioner dated 31.10.2022 shall be considered by the second respondent within a period of eight weeks i.e., on or before 24.06.2025;
ii) If the orders passed by the second respondent is in favour of the writ petitioner, that would put an end to the matter and if it is otherwise, action shall be taken following the procedure contemplated under said 1905 Act after giving 7/9
sufficient opportunity to the writ petitioner. Captioned writ petition is disposed of in the aforesaid manner. Consequently, the connected writ miscellaneous petition is closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 29.04.2025 Index : Yes/No gpa To
1. The District Collector Chengalpattu District Chengalpattu
2. The Tahsildar Cheyyur Taluk Chengalpattu District
3. The Deputy Tahsildar Cheyyur Taluk Chengalpattu District 8/9
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 29.04.2025 9/9