Chinnadurai v. State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.18534 of 2024 Chinnadurai ... Petitioner Vs.
1.The State represented by The Secretary to the Government, Revenue Department, Fort St.George, Secretariat, Chennai - 600 009.
2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai.
3.The District Collector, Pudukottai District, Pudukottai.
4.The District Revenue Officer, Pudukottai District, Pudukottai.
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5.The Revenue Divisional Officer, Illupur Revenue Division, Illupur, Pudukottai District.
6.The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the sixth respondent vide his proceedings in O.Mu. 8730/2018/A2 dated 03.09.2024 and quash the same as illegal consequently directing the respondents to consider petitioner's application for reclassification of land dated 22.07.2024 pending on the file of the second respondent within in time frame fixed in this Court.
For Petitioner : Mr.K.P.Narayana Kumar for Mr.T.Vadivelan For Respondents : Mr.R.Ragavendran Government Advocate for R.1 to R.6 Mr.Babu Rajendran - Proposed party
ORDER
Heard both sides.
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2.The petitioner is found to have committed encroachment on S.F.No. 299/3 which has been classified as "water body". The petitioner suffered order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The appeals and revisions filed by him have also been dismissed. The petitioner has not challenged the order passed in revision so far. The impugned memorandum dated 03.09.2024 is only consequential in nature. Without there being a challenge to the primary order, challenge to the consequential proceedings is clearly not maintainable.
3.We went through the photographs enclosed in the typed set of papers. It is seen that a pucca house has been put up. Considering the special facts and circumstances of the case, we direct the respondents not to enforce the order for a period of six months. We grant such a long time so that the petitioner can make alternative arrangements in the meanwhile. 4.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 12.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/5
To 1.The Secretary to the Government, Revenue Department, Fort St.George, Secretariat, Chennai - 600 009.
2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai.
3.The District Collector, Pudukottai District, Pudukottai.
4.The District Revenue Officer, Pudukottai District, Pudukottai.
5.The Revenue Divisional Officer, Illupur Revenue Division, Illupur, Pudukottai District.
6.The Tahsildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.
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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
MGA 12.09.2024 5/5