P.Anbarasan v. The State of Tamil Nadu

ORDER (made by M. SUNDAR, J.) Captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) has been filed assailing a notice dated 19.12.2024 bearing Na.Ka.No.A1/3693/2024 issued by R4 (Tahsildar, Cuddalore Taluk) under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act'). This notice shall hereinafter be referred to as 'impugned notice' for the sake of convenience and clarity.

¶2Mr. A. Ashvathaman, learned counsel for writ petitioner, adverting to the impugned notice, submits that the encroachers are 84 in number as per the list annexed to impugned notice. Learned counsel submits that Serial No. 62 in the list is one Thiru. Paavaadai who is writ petitioner's father. Further submission of learned counsel for writ petitioner is, writ petitioner's father is of unsound mind.

¶3Be that as it may, it was contended that impugned notice has not been served on writ petitioner in a manner known to law i.e., in accordance with the prescribed procedure.

¶4Issue notice.

¶5Mr. T.K. Saravanan, learned Government Advocate, accepts notice for respondents and Mr. J. Ravindran, learned Senior Advocate and Additional Advocate General appears on behalf of respondents.

¶6On instructions, learned Additional Advocate General submits that in the light of the submission made by learned counsel for writ petitioner, impugned notice can now be treated to have been served on writ petitioner today and it is open to the writ petitioner to respond to the same within a fortnight. It was also submitted by learned Additional Advocate General, on instructions, that further coercive action will be subject to further orders/proceedings under said 1905 Act.

¶7Responding to the aforementioned fair submission of learned Additional Advocate General, learned counsel for writ petitioner submitted that writ petitioner will exercise this option and will send a response to the impugned notice within a fortnight from today i.e., on or before 24.02.2025.

¶8Though obvious, we make it clear that further coercive action will be subject to and depending on orders under Section 6 of said 1905 Act, after considering the response of writ petitioner (if writ petitioner sends his response within a fortnight from today) and further proceedings under said 1905 Act, if any. We further make it clear that if the writ petitioner does not respond within a fortnight from today i.e., on or before 24.02.2025, it is open to the respondents to make an order under Section 6.

¶9To be noted, this Court has repeatedly held that said 1905 Act is a 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.

¶10In the light of the consensus that has been arrived at, captioned WP is disposed of vide instant consent order in the following manner:

(i) Certiorari prayer is not acceded to i.e., impugned notice is not interfered with but there will be a rider that impugned notice shall be treated as notice which has now been served on the writ petitioner today (10.02.2025);

(ii) Writ petitioner shall respond to the aforementioned notice within a fortnight from today i.e., on or before 24.02.2025;

(iii) On writ petitioner responding in the aforesaid manner, an order under Section 6 of said 1905 Act shall be made;

(iv) If the writ petitioner does not reply within a fortnight i.e., on or before 24.02.2025, it is open to the respondents to make an order under Section 6 and proceed in accordance with law;

(v) If Section 6 order is in favour of writ petitioner, it is curtains qua instant matter but if it is adverse to writ petitioner, it shall be kept in abeyance for 10 days from date of service on writ petitioner so as to enable writ petitioner to file a statutory appeal under Section 10 of said 1905 Act together with a stay petition thereat under Section 10-B of said 1905 Act; and

(vi) Any coercive action will be subject to and depending on Section 6 order and further proceedings, if any, under said 1905 Act. Captioned WP stands disposed of by consent order in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (K.G.T., J.)

10.02.2025 cad Index: Yes/No NC : Yes/No To

¶1The Principal Secretary Department of Environment & Forests Fort St. George Chennai 600 009

¶2The District Collectorate Cuddalore District Cuddalore

¶3The Revenue Divisional Officer Collectorate Cuddalore District

¶4The Tahsildar Cuddalore Taluk Office of the Tahsildar Cuddalore District

¶5The Village Administrative Officer Vellaikarai Village Cuddalore Taluk Cuddalore District W.P.oNo.4658oofo2025 M.(SUNDAR,(J. and K.(GOVINDARAJAN(THILAKAVADI,(J. cad W.P.,No.4658,of,2025

10.02.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.02.2025 CORAM: THE HON'BLE MR. JUSTICE M. SUNDAR AND THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.4658 of 2025 P. Anbarasan Petitioner vs. 1. The State of Tamil Nadu represented by its Principal Secretary Department of Environment & Forests Fort St. George Chennai 600 009 2. The District Collectorate Cuddalore District Cuddalore 3. The Revenue Divisional Officer Collectorate Cuddalore District 4. The Tahsildar Cuddalore Taluk Office of the Tahsildar Cuddalore District 5. The Village Administrative Officer Vellaikarai Village Cuddalore Taluk Cuddalore District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the records relating to the proceedings of the fourth respondent vide Na.Ka.No.A1/3693/2024 dated 19.12.2024 and quash the same. For petitioner Mr. A. Ashvathaman For RR 1 to 5 Mr. J. Ravindran Additional Advocate General assisted by Mr. T.K. Saravanan Government Advocate