Amarsingh v. The Additional Chief Secretary To Government

1 W.P.(MD)NO.14694 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)Nos.14694 to 14698 & 14751 of 2025 and W.M.P.(MD)Nos.10941, 10947, 10953, 10924, 10927, 11007, 11008 & 11011 of 2025 W.P.(MD)Nos.14694 to 14698 of 2025 Amarsingh ... Petitioner in W.P.(MD)No.14694 of 2025 Nagarajan ... Petitioner in W.P.(MD)No.14695 of 2025 Harikrishnan ... Petitioner in W.P.(MD)No.14696 of 2025 Panjavarnam ... Petitioner in W.P.(MD)No.14697 of 2025 T.Amaravathi ... Petitioner in W.P.(MD)No.14698 of 2025 Vs.

1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai -9.

2. The District Collector, District Collector's Office, Ramnad, Ramnad District.

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3. The Tahsildar, Taluk Office, Ramnad, Ramnad District.

... Respondents in all Wps.

Common Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the third respondent proceedings made in Na.Ka.B9/148/2017 dated 14.05.2025, quash the same and further direct the first respondent to dispose the petitioner's stay petition dated 12.05.2025.

For Petitioner : Mr.R.Sundar For Respondents : Mr.N.Ramesh Arumugam, Government Advocate.

* * * W.P.(MD)No.14751 of 2025

1. Chandrasekar

2. Valli

3. Hariraam @ Hariraam Pazhani ... Petitioners Vs.

1. The Commissioner of Land Administrative, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Collector, Ramanathapuram District, Ramanathapuram.

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3. The Revenue Divisional Officer, Ramanathapuram District.

4. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

5.Jeganathan

6. M/s.Throwpathi Amman Temple, Rep. By its Trustee / authorised person, Throwpathi Amman Kovil Street, Vellipattinam, Ramanathapuram District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the fourth respondent in Na.Ka.B9/148/2017 dated 14.05.2025 and quash the same and consequently forbear the respondents 2 to 4 from evicting the petitioners from the house situated in T.S.No.94 at Ward D Block 4, Ramanathapuram Town, Ramanathapuram District. For Petitioners : Mr.K.Navaneetharaja For R-1 to R-4 : Mr.N.Ramesh Arumugam, Government Advocate.

For R-6 : Mr.K.Radhakrishnan For R-5 : No appearance.

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4 W.P.(MD)NO.14694 OF 2025 C O M M O N O R D E R Heard both sides.

2. The writ petitioners herein apprehend dispossession at the hands of the authorities and that led to the filing of these writ petitions.

3. The learned counsel for the petitioners states that they are residing in T.S.No.94 at Ward D Block 4, Ramanathapuram Town. It is true that the writ petitioners suffered orders under Section 6 of the Tamil Nadu Land Encroachments Act in the year 2018 itself. They filed appeals before the District Collector under Section 10 of the Act and those appeals were dismissed recently. Aggrieved by the same, they have filed revision petitions before the Government.

4. We direct the revisional authority / Government to dispose of the revisions filed by the writ petitioners on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. Till the revision petitions filed by the 4/6

5 W.P.(MD)NO.14694 OF 2025 writ petitioners are disposed of, no coercive action shall be taken. If within a period of three months, the petitioners fail to obtain an order in their favour, it is open to the authorities / respondents to proceed as per law. With this observation, these writ petitions stand disposed of.

5. We make it clear that as regards T.S.No.96, the issue has already attained finality and more than one Division Bench had rendered a categorical finding that T.S.No.96 is a water body and that the encroachments in the said water body cannot be permitted. The respondents are directed to ensure that all the encroachers in T.S. No.96 are cleared within a period of two months from the date of receipt of a copy of this order. These writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 10th June 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 5/6

6 W.P.(MD)NO.14694 OF 2025 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai -9.

2. The District Collector, District Collector's Office, Ramnad, Ramnad District.

3. The Tahsildar, Taluk Office, Ramnad, Ramnad District.

4. The Commissioner of Land Administrative, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

5. The Revenue Divisional Officer, Ramanathapuram District.

W.P.(MD)Nos.14694 to 14698 & 14751 of 2025 10.06.2025 6/6

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