Mrs.Anbu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2025 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Mrs.Anbu W/o.Rajarajan .. Petitioner vs

1. The District Collector District Collector Office Ariyalur District - 621 704

2. District Revenue Officer District Revenue Office Ariyalur District - 621 704

3. Revenue Divisional Officer Revenue Divisional Office Udayarpalayam Ariyalur District - 621 804

4. The Thasildar

Thasildar Office Andimadam Taluk Ariyalur District - 621 801

5. Block Development Officer Andimadam Block Ariyalur District - 621 801

6. Mr.G.Karunanidhi S/o.Gopal .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing 4 th and 5 th respondents to take appropriate action as instructed by the 2 nd respondent vide his communication dated 15.07.2024 and to remove the encroachment made in Old Survey No.299/2, New Survey No.299/13 of Periyakrishnapuram Village in Ariyalur District. For Petitioner :

Mr.M.Gunasekaran For Respondents :

Mr.T.K.Saravanan Government Advocate for R1 to R4 Mr.M.Shajahan Special Government Pleader for R5

O R D E R

(Order of the Court was made by M.SUNDAR, J.) Captioned main writ petition has been filed with a mandamus prayer i.e., a directive to R4 and R5 to take appropriate action qua removal of alleged encroachment in 'S.No.299/13 in Siluvaicheri Village, Andimadam Taluk, Ariyalur District' [hereinafter 'said land' for the sake of brevity and convenience].

2. Learned counsel for writ petitioner drew our attention to a communication dated 12.05.2023 bearing reference e/f/m1 /274 /2023 from R4 to R5 which reads as follows:

3. Issue notice to official respondents.

4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for Respondents 1 to 4 and Mr.M.Shajahan, learned Special Government Pleader accepts notice for R5.

5. Learned State counsel adverting to aforementioned 12.05.2023 proceedings submit, on instructions, that survey has been conducted, encroachment has been noticed and commencement of proceedings under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} is on the anvil. This means that the alleged encroacher i.e., R6 (private respondent) and/or any other encroacher will be put on notice vide Section 7 of said 1905 Act and given an opportunity. Therefore, as there is a safety valve qua R6 (private respondent), with the consent of learned State counsel and learned counsel for writ petitioner, main writ petition is taken up in the Admission Board.

6. 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.

7. The above also means that the alleged encroacher will have all the rights under the Statute preserved.

8. Learned State counsel submits that proceedings under said 1905 Act, which is on the anvil, will be commenced and concluded as expeditiously as the business of official respondents would permit but in any event within 12 weeks from today i.e., on or before 23.04.2025. This

submission of learned counsel is recorded and we deem it appropriate to write and direct that let proceedings go on in accordance with said 1905 Act qua R6 and/or any other encroacher qua said land. Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs.

[M.S., J] [K.R.S., J] 29.01.2025 Index: Yes/No Speaking order / Non-speaking order gpa

To

1. The District Collector District Collector Office Ariyalur District - 621 704

2. District Revenue Officer District Revenue Office Ariyalur District - 621 704

3. Revenue Divisional Officer Revenue Divisional Office Udayarpalayam Ariyalur District - 621 804

4. The Thasildar Thasildar Office Andimadam Taluk Ariyalur District - 621 801

5. Block Development Officer Andimadam Block Ariyalur District - 621 801

M.SUNDAR,J., and K.RAJASEKAR, J., gpa 29.01.2025