Malliga, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2024 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and WMP(MD)No.23911 of 2024 Mallika ... Petitioner vs.
1. The State of Tamil Nadu, Rep. its Principal Secretary, Revenue Department, Chennai.
2. The District Collector, O/o. The District Collector,
3. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Theni,
4. The Tahsildar Taluk Office, Periyakulam,
5. The Block Development Officer, Periyakulam Panchayat Union, Vadugapatti, Page No.1 of 6
6. The Revenue Inspector, Tenkarai Sub Division,
7. The Superintending Engineer, TEDC, TANGEDCO, Madhurapuri, ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from dispossessing the petitioner from his residence bearing Door No.69, comprised in S.No.1533/1, Madurapuri Village, Alagapuri Post, Periyakulam Taluk, Theni District, pursuant to the notice dated 21.10.2024 issued by the 6th respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 without following the due procedure established by law.
For Petitioners : Mr.Ajmal Khan, Senior Counsel, for M/s.Ajmal Associates For R1 to R6 : Mr.J.Ashok Additional Government Pleader For R7 : Mr.S.Deenadhayalan
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The procedure contemplated under the Tamil Nadu Land Encroachment Act 1905, for removal of encroachment is through an eviction order under Section 6, which is to be preceded by a show cause notice under Section 7, to which, the alleged encroacher would have a right to raise his objections. The order for eviction can be passed, only after consideration of the Page No.2 of 6
objections made by the concerned persons. This is precisely what the earlier Bench had recorded in the order in W.P(MD)No.4824 of 2018 dated 24.08.2022, where, directions were given to follow the procedure contemplated under the Tamil Nadu Land Encroachment Act, 1905, for removal of the encroachment.
2.
The prayer in the present writ petition is for issuance of Writ of Mandamus, forbearing the respondents from dispossessing the petitioner from her residence.
3.
Admittedly, notice under Section 7 has already been issued to the petitioner, to which, she had also given her objections. When the respondents have initiated the proceedings for eviction in accordance with the procedure contemplated under the Act, the same should come to a logical conclusion as per the procedure.
4.
The Act does not empower the authorities to resort to any coercive action for eviction, before a finality is arrived at in the eviction proceedings. In view of this, the apprehension of the petitioner that she may be evicted from the premises before conclusion of the eviction proceedings, is baseless, and thus no interference is warranted to the prayer sought for in this writ petition. Page No.3 of 6
5.
Accordingly, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. (M.S.R, J.) (A.D.M.C, J.) 27.11.2024 Index : Yes / No : Yes / No bala To
1. The Principal Secretary, State of Tamil Nadu, Revenue Department, Chennai.
2. The District Collector, O/o. The District Collector,
3. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Theni,
4. The Tahsildar Taluk Office, Periyakulam,
5. The Block Development Officer, Periyakulam Panchayat Union, Vadugapatti, Theni District.
6. The Revenue Inspector, Tenkarai Sub Division, Page No.4 of 6
7. The Superintending Engineer, TEDC, TANGEDCO, Madhurapuri, Page No.5 of 6
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala ORDER MADE IN DATED : 27.11.2024 Page No.6 of 6