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Madras High CourtWP/35731/2025disposed of

N.Srinivasan v. The District Collector

2025-09-23Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 39993 OF 2025 N.Srinivasan, S/o.Narayanan @ Narayanasamy, No.16/669/1, Kosappur Road, Jayaraj Nagar, Chittimedu, Chennai-600 052.

Petitioner(s) Vs

1. The District Collector, Tiruvallur District, Tiruvallur.

2.The Tahsildar, Ponneri Taluk, Ponneri, Tiruvallur District.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 2 nd respondent in Na.Ka.

No.3128/2025/A3 dated 29.08.2025 and quash the same and forbearing from

interfering with the petitioners peaceful possession and enjoyment of the lands comprised in survey No.669, Vilangadupakkam Village, Tiruvallur District. For Petitioner(s):

Mr.L.Chandrakumar for Mr.R.Kamaraj For Respondent:

Mr.D.Ravichander Special Government Pleader

ORDER

This writ petition has been filed by the petitioner seeking to call for the records relating to the proceedings of the 2 nd respondent in Na.Ka.

No.3128/2025/A3 dated 29.08.2025 and quash the same and forbear from interfering with the petitioner's peaceful possession and enjoyment of the lands comprised in Survey No.669, Vilangadupakkam Village, Tiruvallur District. 2.Mr.D.Ravichander, learned Special Government Pleader, takes notice on behalf of the respondents. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

3.Learned counsel for the petitioner would submit that the petitioner is dwelling in a portion of land comprised in Survey No.669, Vilangadupakkam Village, Tiruvallur District for the past 25 years by putting up a thatched house therein. There is a small shallow water measuring about 0.20 cents in the aforesaid survey number, in which, the petitioner is grazing ducks and earning a meager amount to meet out his livelihood. While so, the notice dated 01.07.2025 has been issued by the 2 nd respondent at the instigation of the ExPresident one Mrs.Bharathi, treating the petitioner as encroacher of the aforesaid land. Though the petitioner sent a suitable explanation on 28.07.2025 and requested to cancel the notice dated 01.07.2025, the 2 nd respondent without considering the same, by his proceedings dated 29.08.

2025, rejected the petitioner's request and the Officials of the 2 nd respondent is now trying to evict the petitioner. Therefore, the petitioner has filed an appeal before the 1 st respondent and requested them not to disturb the peaceful possession of the petitioner. However, since the petitioner apprehend that the Officials of the 2 nd respondent would evict him, he has also approached this Court.

4.He would further submit that in a very same survey number, there are hundreds of people residing. Due to the enmity developed between the petitioner and the husband of the Ex-President, a false allegation has been made against the petitioner that he is an encroacher in the aforesaid survey number. The petitioner has been residing in the said land from the year 1982 onwards and the said land in Survey No.669 has been classified as "Meikkal" land. Therefore, the petitioner and ten other families are gazing ducks in the said shallow water. Even due to the grazing of ducks, the shallow water remains in good condition and maintaining a good environment. Hence, he prayed to set aside the impugned proceedings dated 29.08.2025 with a direction to not disturb the petitioner's peaceful possession.

5.Learned Special Government Pleader appearing for the respondents raised a strong objection even for granting an interim relief to the petitioner citing the reason that the petitioner has already filed an appeal before the 1 st respondent and therefore, he could not approach this Court simultaneously when the appeal is pending.

6.Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

7.Considering the submissions made by the either parties, this Court is of the view that it is true that the appeal has been pending before the 1 st respondent but the apprehension of the petitioner is that it might take sometime to get an interim order from the 1 st respondent and since the Officials of the 2 nd respondent are trying to evict the petitioner and only a week time limit has been fixed for eviction, he has approached this Court with the present writ petition. 8.In view of the above, prima facie it appears that the apprehension of the petitioner is genuine and at any costs, the interim relief would protect the lives of the ducks. Since the petitioner has already filed a appeal before the 1 st respondent, this Court directs the 2 nd respondent not to disturb the petitioner's possession and grazing of ducks in the shallow water located in Survey No.669,

Vilangadupakkam Village, Tiruvallur District, until the disposal of the appeal pending before the 1 st respondent.

9.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 23-09-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes Note:Issue Order Copy on 24.09.2025

To 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Tahsildar, Ponneri Taluk, Ponneri, Tiruvallur District.

KRISHNAN RAMASAMY J.

rst WP No.35731 of 2025 AND WMP NO.39993 of 2025 23-09-2025