M/S. Lanka Trading Private Limited v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P. No.37739 of 2025 in W.P. No.33576 of 2025 M/s.Lanka Trading Private Limited rep. By its Managing Director A.Ravi 106, G.N.T. Road, Athipedu Village, Jaganathapuram - 2 Athipedu Post, Sholavaram Firka, Ponneri Taluk, Thiruvallur District.
... Petitioner Vs.
1.The Tahsildar, Office of the Tahsildar, Ponneri, Thiruvallur District.
2.The District Collector, Thiruvallur District.
... Respondents (R2 impleaded suo motu vide order dated 04.09.2025 in W.P.No.33576 of 2025 and W.M.P.No.37739 of 2025) Page Nos.1/14
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records on the file of the respondent in his proceedings Na.Ka.No.1714/2025 A1 dated 14.08.2025 and quash the same.
For Petitioner :
Mr.K.S.Gnanasambandan for Mr.G.Nanthagopal For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer seeking issue of writ of certiorari qua an 'order dated 14.08.2025 bearing reference Na.Ka.No.1714/2025 A1 made by sole respondent' (hereinafter 'impugned order' for the sake of convenience and clarity).
2. Mr.K.S.Gnanasambandan, learned counsel representing Mr.G.Nanthagopal, learned counsel on record for writ petitioner is before us.
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3. Learned counsel for writ petitioner submits that the impugned order has been erroneously made by misapplying the provisions of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}.
4. Issue notice.
5. Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for sole respondent and points out that even according to the writ petitioner, impugned order is appealable order, an appeal is available under Section 10 of said 1905 Act and more importantly, the writ petitioner has availed alternate remedy of appeal by filing an appeal dated 19.08.2025 and has also sought for stay. A scanned reproduction of the appeal petition as placed before us is as follows: Page Nos.3/14
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6. In the light of the appeal, we add District Collector, Thiruvallur as R2 and Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for R2 also. We make it clear that R2, who is the appellate authority, shall take up the aforereferred appeal as well as stay petition and deal with the same on its own merits and in accordance with law. We are adopting this course as 30 days from the date of service of impugned order on the writ petitioner has not elapsed as of today.
7. Coercive action (if any and if that be so) will be subject to and Page Nos.12/14
depending on the orders in the stay petition and/or main appeal whichever is earlier. This douses the anxiety of the writ petitioner as regards captioned 'Writ Miscellaneous Petition' (hereinafter 'WMP' for the sake of brevity).
8. Captioned WP is disposed of as closed with the aforementioned observations. In the light of what we have written regarding coercive action (if any and if that be so), captioned WMP thereat has become otiose and the same is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (M.S.K.,J.) 04.09.2025 Index : Yes / No mmi To 1.The Tahsildar, Office of the Tahsildar, Ponneri, Thiruvallur District.
2.The District Collector, Thiruvallur District.
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M.SUNDAR, J., and MUMMINENI SUDHEER KUMAR, J., mmi 04.09.2025 Page Nos.14/14