Arunachalam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.22827 to 22829 of 2024 Arunachalam : Petitioner Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, cum Monitoring Authority, Cheranmahadevi Taluk, Cheranmahadevi, Tirunelveli District.
3.The Tahsildar, Nanguneri Taluk, Nanguneri, Tirunelveli District.
: Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the impugned notice issued under Section 6 of Tamil Nadu Land Encroachment Act, 1905 dated 30.10.2024 and to quash same as illegal and further directing the respondents not disturb the petitioner's residence house property bearing residential house bearing Door No.23/D, East Street, S.No.579/42 at Edaiyankulam Village which falls patta No.1307, Nanguneri Taluk, Tirunelveli District.
For Petitioner : Mr.S.Krishnan For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader
O R D E R
************ [Order of the Court was made by M.S.RAMESH, J.] Final order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is put under challenge in the present writ petition. 2.When the Tahsildar was of the view that the petitioner had encroached upon 0.01.36 sq.mt out of 0.08.25 hectares, in 2/7
S.No.701/22, Edaiyankulam Village, Nanguneri Taluk, Tirunelveli District, notice under Section 7 of the Act was issued to the petitioner, calling for his objection in this regard. Pursuant to the same, the petitioner herein had submitted a detailed reply on 26.09.2024, putting forth all his objections to the notice under Section 7 of the Act. In spite of the objections given, the Tahsildar has now passed the impugned proceedings dated 30.10.2024 under Section 6 of the Act, directing him to evict from the subject property.
3.The very object of Section 7 of the Act is to extend an opportunity to the encroachers to give their objections with regard to the proposed eviction proceedings. It is only after such a notice under Section 7 of the Act is given, the respondents may be empowered to proceed under Section 6. However, while passing such order, there is a duty cast upon them to consider the explanation rendered by the encroachers to the notice given under Section 7.
4.A perusal of the order passed under Section 6 of the Act, dated 30.10.2024 reveals that, though the third respondent seems to have received the explanation given by the petitioner to 3/7
the notice under Section 7, the same has not been considered. We fail to understand as to how the respondents have come to the conclusion that the petitioner is an encroacher, more particularly, when he has raised objections to the proposed eviction proceedings.
5.In view of the same, the order impugned in the writ petition is deemed to be a non-speaking order and hence, cannot be legally sustained. However, we are of the view that the respondents could be granted liberty to consider the petitioner's explanation dated 26.09.2024 and then take further course of action. 6.In the light of the above, this Writ Petition is partly allowed and the impugned order dated 30.10.2024 is quashed and the matter is remitted back to the second respondent herein for fresh consideration. The second respondent shall consider the petitioner's explanation dated 26.09.2024, after giving opportunity to the petitioner as well as to any other person interested and thereafter take further course of action in accordance with the provisions of the Act and pass a speaking order. Such an exercise shall be completed, within a period of four [4] weeks from the date of receipt of a copy of this order. There shall be no order as to 4/7
costs. Consequently, the connected Miscellaneous Petitions are closed.
[M.S.R.,J.] & [A.D.M.C.,J.] 13.11.2024 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, cum Monitoring Authority, Cheranmahadevi Taluk, Cheranmahadevi, Tirunelveli District.
3.The Tahsildar, Nanguneri Taluk, Nanguneri, Tirunelveli District.
6/7
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 13.11.2024 7/7