Shahul Hameed v. The District Collector
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 & W.M.P.No.42497 of 2024 in W.P.No.39237 of 2024 Shahul Hameed S/o.K.M.Shet Mohamad .. Petitioner vs
1. The District Collector District Collectorate Erode Erode District - 638 004
2. The Revenue Divisional Officer Erode Erode District
3. Tahsildhar Erode Taluk Erode District
4. M.Rangasamy S/o. Marappa Gounder ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the third respondent to consider the petitioner objections and hear the petitioner before proceeding to remove the petitioner house at Door No.13-A, Peiya Semur, K.Kulam situated in Survey No.170/1 of Periyasemur Village, Erode Taluk and Erode District.
For Petitioner :
Mr.J.Titus Enock For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R3
O R D E R
(Order of the Court was made by M.SUNDAR, J.) When the matter was taken up, Mr.Titus Enock, learned counsel for writ petitioner very fairly submitted that the writ petitioner has since received a notice under Section 7 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said
1905 Act' for the sake of brevity, convenience and clarity}. Learned counsel has placed before us a copy of the notice and a scanned reproduction of the same is as follows:
2. This Court has repeatedly held that 'said 1905 Act' is a self contained Code. The reason inter-alia is that there is a provision to have the alleged encroacher show-caused under section 7 followed by an order (considering the cause shown). The order under section 6 is appealable under section 10 [District Collector is the appellate authority] and there is a provision for further revision to the Government under Section 10-A
[Section 10-A(3) to be precise] of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Therefore, said 1905 Act is a self contained Code in every sense of the expression.
3. Therefore, we leave open all questions preserving the rights and contentions of all concerned and dispose of the captioned writ petition recording the stated obtaining position and holding that the proceedings in accordance with said 1905 Act will continue and be concluded as expeditiously as the business of the official respondents would permit. Consequently, captioned Writ Miscellaneous Petition is also 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 gpa To
1. The District Collector District Collectorate Erode Erode District - 638 004
2. The Revenue Divisional Officer Erode Erode District
3. Tahsildhar Erode Taluk Erode District
M.SUNDAR,J., and K.RAJASEKAR, J., gpa 02.01.2025