Sky City Owners Association v. The Secretary To Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P. Nos.42208 and 42212 of 2024 in W.P.No.38973 of 2024 Sky City Owners Association rep. By its President, Sky City apartment, Adayalampattu Village, Vanagaram, Chennai - 95.

... Petitioner Vs.

1.The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Thiruvallur District - 602 001.

3.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4.The Commissioner, Villivakkam Panchayat Union, Ambattur, Chennai - 600 053.

Page Nos.1/9

5.The Tahsildar, Poonamallee Taluk, Poonamallee, Tiruvallur District - 602 001.

6.The Executive Officer/President, Adayalampattu Panchayat, Villivakkam Panchayat Union, Chennai.

... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to number the statutory revision and stay petition dated 03.12.2024 filed by the petitioner Association and dispose the same in accordance with law and consequently direct the respondents 2 to 6 not to demolish or remove the arch, center median situated in S.No.91/2 and 94/5B1 at Adayalampattu Village, previously Ambattur Taluk, presently Poonamallee Taluk till the disposal of the statutory revision pending before the first respondent.

For Petitioner :

Ms.M.Abbiraami For Respondents :

Mr.T.K.Saravanan, Government Advocate for R1, R2, R5 and R6 Mr.Y.Bhuvanesh Kumar, Standing Counsel for R3 Dr.S.Suriya, Additional Government Pleader for R4 Page Nos.2/9

ORDER

[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity).

2. In the previous listing of the captioned WP on 19.12.2024, the following proceedings were made:

'W.P. No.38973 of 2024 M. SUNDAR, J.

and K. RAJASEKAR, J.

Captioned matter turns on statutory revision under Section 10-A of 'Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' ('said 1905 Act' for the sake of brevity) and a stay petition thereat under Section 10-B of said 1905 Act.

2. Learned counsel for writ petitioner makes a simple plea to have the stay petition (stay pending statutory revision) disposed of.

3. Issue notice to respondents. Mr. T.K. Saravanan, learned Government Advocate, accepts notice for RR 1,2,4,5 and 6.

4. From the submissions made at the bar, following points arise for consideration:

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i. Whether the revision dated 03.12.2024 was received by R1?

ii. Whether revision dated 03.12.2024 (Pp 70 to 72 of typed set of papers) is in prescribed form subject to answer to the question as to whether any format has been prescribed for statutory appeal under Section 10 and statutory revision under Section 10A?

5. Learned State counsel requests for a short accommodation to get instructions as regards the above questions and revert to this Court.

6. Request acceded to.

List in the Admission Board, viz., Motion List on 02.01.2025.'

3. Ms.M.Abbiraami, learned counsel for writ petitioner, Mr.T.K.Saravanan, learned Government Advocate for R1, R2, R5 and R6, Mr.Y.Bhuvanesh Kumar, learned Standing Counsel for R3 and Dr.S.Suriya, learned Additional Government Pleader for R4 are before us.

4. Learned State counsel has placed before us a letter bearing reference Letter No.19820/LD6(1)/2024-2 dated 30.12.2024 in response to our aforementioned 19.12.2024 proceedings. A scanned reproduction of this 30.12.2024 letter is as follows: Page Nos.4/9

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5. To be noted, communication in the nature of 30.12.2024 letter may qualify as privileged communication but learned State counsel has waived privileged communication plea and placed it before us.

6. The aforementioned 30.12.2024 letter is self-explanatory and it speaks for itself. Therefore, recording the stated position of the learned State counsel, captioned WP is disposed of, directing R1 to dispose of the stay petition on its own merits and in accordance with Page Nos.6/9

law within one week from today i.e., on or before 09.01.2025. Though obvious, we make it clear that any further action pursuant to the orders sought to be revised will be subject to the orders in the stay petition.

7. Captioned WP is disposed of in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petitions (WMPs) thereat are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 02.01.2025 Index : Yes / No mmi To 1.The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Thiruvallur District - 602 001.

3.The Member Secretary, Chennai Metropolitan Development Authority, Page Nos.7/9

No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4.The Commissioner, Villivakkam Panchayat Union, Ambattur, Chennai - 600 053.

5.The Tahsildar, Poonamallee Taluk, Poonamallee, Tiruvallur District - 602 001.

6.The Executive Officer/President, Adayalampattu Panchayat, Villivakkam Panchayat Union, Chennai.

M.SUNDAR, J., and Page Nos.8/9

K.RAJASEKAR, J., mmi 02.01.2025 Page Nos.9/9