Madras High CourtWP/34430/2023disposed of

A.Banupriya v. Government Of Tamil Nadu

2023-12-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. A.Banupriya

2. A.Jesintha Priya Kumari ..

Petitioners Vs.

1. Government of Tamil Nadu Rep. by its Principal Secretary to Government Revenue and Disaster Management Department Fort St. George, Secretariat, Chennai - 600 009.

2. The Additional Chief Secretary to Government/ Commissioner of Land Administration Commissionerate of Land Administration, A.C.S/C.L.A PWD Estate, Ezhilagam Building, Chepauk Chennai - 600 005.

3. The Commissioner Greater Chennai City Corporation Ripon Building, Park Town Chennai - 600 003.

4. The District Collector Chennai District, Collectorate Singaravelar Maaligai, Fourth Floor No.62, Rajaji Salai, Chennai - 600 001.

5. The Revenue Divisional Officer South Chennai Revenue Division Anna Salai, Guindy (Near the Tamil Nadu Dr.M.G.R.Medical University) Chennai - 600 032.

6. The Tahsildar Sholinganallur Taluk No.1, 1st Cross Street, New Kumaran Nagar Sholinganallur, Chennai - 600 119.

7. The Revenue Inspector Sholinganallur Firka, Sholinganallur Sholinganallur Taluk, Chennai - 600 119.

8. The Village Administrative Officer No.14, Injambakkam Village Dr.Nanjunda Rao Road, Injambakkam Sholinganallur Taluk, Chennai - 600 115.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider the petitioners detailed written explanation reply statements dated 18.11.2023 within a stipulated time fixed by this Court, consequently, forbearing the respondents 6th to 8th Tahsildar, Revenue Inspector and Village Administrative Officer from bias, coercive, partial, arbitrarily, forcibly, illegally evicting the petitioners lawful settled possession, enjoyment and occupation of premises in S.No.14/3 situated at Injambakkam Village, Sholinganallur Taluk, Chennai District.

For the Petitioners : Mr.A.Anandha Babu For the Respondents : Mr.P.Muthukumar State Government Pleader for R1, R2 & R4 to R8 Mr.A.Arun Babu Standing Counsel for R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Anandha Babu, learned counsel for the petitioners, Mr.P.Muthukumar, learned State Government Pleader for respondents 1, 2 and 4 to 8 and Mr.A.Arun Babu, learned Standing Counsel for respondent 3.

2. Notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity, "the Act of 1905"] is issued to the petitioners. The contention of the petitioners is that their reply may be directed to be considered before proceedings under Section 6 of the Act of 1905 are initiated.

3. When reply is solicited, the same certainly will have to be considered by the authority before passing orders under Section 6 of

the Act of 1905. The reply filed by the petitioners with the authority shall be considered before passing orders under Section 6 of the Act of 1905 by the authority concerned.

4. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.34349 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 12.12.2023 Index :

Yes/No :

Yes/No drm To

1. The Principal Secretary to Government Government of Tamil Nadu Revenue and Disaster Management Department Fort St. George, Secretariat, Chennai - 600 009.