K.Chokkalingam, v. The Disrict Collector / Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI and W.M.P. Nos.5258,5259,5261 and 5262 of 2025 K. Chokkalingam Petitioner in W.P.No.4739 of 2025 R. Periyasamy Petitioner in W.P.No.4742 of 2025 K. Pazhanivel Petitioner in W.P.No.4743 of 2025 K. Ramasamy Petitioner in W.P.No.4745 of 2025 vs.
1.
The District Collector/Chairman District Rural Development Agency District Collectorate Office Namakkal District 637 003 2.
The Revenue Divisional Officer Thillaipuram Namakkal 637 001 3.
The Tahsildar Rasipuram Namakkal 637 408 4.
The Assistant Director of Panchayat Paramathi Road Namakkal 637 001 5.
The Block Development Officer Vennandur Block Namakkal District 637 505 Page Nos.1/12
6.
The Village Administrative Officer Vennandur Block Namakkal District 637 505 7.
The President Thottiyavalasu Panchayat Vannandur Block Namakkal District 636 301 8.
J. Raja Respondents in all WPs (R-8 suo motu impleaded vide order dated 13.02.2025) Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the records in respect of impugned notice dated 'nil' issued by the President, Thottiyavalasu Panchayat, Vannandur Block, Namakkal District - 636 301 to the petitioners and quash the same.
For petitioner in Ms. D. Chitra Maragatham all WPs For RR 1 to 7 in Mr. T.K. Saravanan all WPs Additional Government Pleader For R8 in Mr. M. Muruganantham all WPs Page Nos.2/12
COMMON ORDER [made by M.SUNDAR, J.] In the captioned four main 'writ petitions' (hereinafter 'WPs' for the sake of brevity), a undated notice issued by R7 (President, Thottiyavalasu Panchayat, Vannandur Block, Namakkal District) has been called in question and scanned reproduction of the same is as follows:
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2.
The aforementioned notice issued by R7 shall, from here on and henceforth, be referred to as 'impugned notice' for the sake of convenience and clarity.
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3.
Ms. D. Chitra Maragatham, learned counsel for writ petitioners, submits that subject matter of captioned main WPs is 'lands comprised in S.Nos.96 and 99 in Keeranur Village, Thottiyavalasu Village Panchayat, Rasipuram Taluk, Namakkal District' (hereinafter 'said lands' for the sake of convenience and clarity). 4.
Impugned notice has been issued to the writ petitioners without they being show caused is learned counsel's emphatic say. 5.
Issue notice to official respondents.
6.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 to 7 and submits that the impugned notice has been issued pursuant to order of another Hon'ble Division Bench being order dated 24.02.2023 in W.P. No.5498 of 2023, a contempt petition being Cont. Petn. No.2453 of 2024 and order dated 23.08.2024 thereat. (To be noted, Cont. Petn. No.2453 of 2024 arises from order dated 24.02.2023 made in W.P.No.5498 of 2023). Page Nos.5/12
7.
Mr. M. Muruganantham (Enrolment No.886 of 2013) having address for service at M.M. Office, No.257, III Floor, Angappa Naicken Street, Canara Bank Building, Chennai - 600 001, who was present in Court, submitted that he has instructions from Mr. J. Raja, writ petitioner in W.P.No.5498 of 2023 which is a public interest litigation (PIL). We suo motu implead Mr. J. Raja as R8 and Mr.M.Muruganantham, learned counsel, accepts notice for R8. Mr.M.Muruganantham submitted that Mr. J. Raja filed W.P.No.5498 of 2023 in public interest and the same came to be disposed of on 24.02.2023 by another Hon'ble Division Bench. 8.
Owing to the limited legal perimeter of the captioned main WPs, captioned main WPs were taken up in the Admission Board with the consent of all three learned counsel.
9.
A careful perusal of order dated 24.02.2023 in PIL W.P. No.5498 of 2023 which is the genesis of the entire matter, brings to light that learned State counsel has made it clear that writ petitioners Page Nos.6/12
will be proceeded against under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act') by issuing notice under Section 7 followed by notice/order under Section 6 of said 1905 Act. The most relevant portion of the order of other Hon'ble Division Bench in this regard is contained in paragraph 4 and the same reads as follows:
'4.
........... Learned Special Government Pleader sought for eight weeks' time to remove the encroachment made by the private respondents, after giving notice to them. He submitted that notice under Section 7, followed by notice under Section 6 of the Tamil Nadu Land Encroachment Act have to be issued to the encroachers.'
10.
Thereafter, R8 has filed Cont. Petn.No.2453 of 2024. In Cont. Petn. No.2453 of 2024, learned State counsel, on instructions from the jurisdictional Tahsildar, submitted that said lands have been classified as 'Thoppu Poramboke' (njhg;g[ bghwk;nghf;F) and that they vest in R5 herein and contempt petitioner therein (R8 herein) can make a representation to R5 herein. This submission of learned State counsel has been recorded.
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11.
The neat question which is necessary for disposal of the captioned main WPs is not really whom said lands vest in but whether action under said 1905 Act has been initiated as per earlier orders. The answer is clearly in the negative. This Court has already extracted and reproduced the relevant portion of the order of Hon'ble Division Bench made in PIL W.P.No.5498 of 2023 filed by R8 and therefore, initiating action against writ petitioners under said 1905 Act is imperative. The clear sequitur is, writ petitioners have to be show caused and given an opportunity. Writ petitioners cannot be straightaway called upon to remove alleged encroachments without being show caused. In this view of the matter, submission of learned State counsel that impugned notice is pursuant to earlier orders of this Court is unacceptable, which means that interfering with and quashing the impugned notice is inevitable. We do so. This further means that certiorari prayer is acceded to.
12.
Learned counsel for R8 submitted that it may be desirable to fix a timeline for removal of encroachment drill. In this regard, this Court reminds itself that it has repeatedly held that said 1905 Act is a Page Nos.8/12
self contained Code. The reason inter alia is that there is a provision to have the alleged encroacher show caused under Section 7 of said 1905 Act 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.
13.
Owing to said 1905 Act being a self contained Code with a inbuilt hierarchy, it may not be desirable to fix a timeline but we deem it appropriate to write that the proceedings under said 1905 Act shall be commenced and concluded as expeditiously as the business of official respondents would permit.
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14.
Ergo, the sequitur is, captioned main WPs are allowed i.e., certiorari prayer is answered in the affirmative i.e., acceded to but with aforementioned observations and directives. Consequently, captioned writ miscellaneous petitions thereat are disposed of as closed. There shall be no order as to costs.
(M.S., J.) (K.G.T., J.) 13.02.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.10/12
To 1.
The District Collector/Chairman District Rural Development Agency District Collectorate Office Namakkal District 637 003 2.
The Revenue Divisional Officer Thillaipuram Namakkal 637 001 3.
The Tahsildar Rasipuram Namakkal 637 408 4.
The Assistant Director of Panchayat Paramathi Road Namakkal 637 001 5.
The Block Development Officer Vennandur Block Namakkal District 637 505 6.
The Village Administrative Officer Vennandur Block Namakkal District 637 505 7.
The President Thottiyavalasu Panchayat Vannandur Block Namakkal District 636 301 Page Nos.11/12
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad 13.02.2025 Page Nos.12/12