K.Ramakrishnama Raju v. The Commissioner of Land Administration

ORDER (Order of the court was made by S.Vaidyanathan, J.) The present writ petition has been filed by the petitioner for issuance of a writ of mandamus to direct respondents 1 to 6 to remove the encroachments made by respondents 7 to 38 in S.No.101/3 situated at Melapakkam Village, Gummidipoondi Taluk.

¶2Since we are not passing any adverse order against respondent Nos.7 to 38 in the present writ petition, notice to respondent Nos.7 to 38 is dispensed with.

¶3It is submitted on behalf of the petitioner that though steps have been initiated to remove the encroachments made in the forest land in Survey No.101/3 as early as October, 2020 by issuance of eviction notice under Section 68A of the Tamil Nadu Forest Act, 1882, the removal has not taken place till date. Hence, the petitioner has filed the present writ petition to remove the encroachments made in Survey No.101/3. Page Nos.7/20

¶4A copy of "A" register in respect of Survey No.101/3 has been produced. On a perusal of the "A" register, it is seen that Survey No.101/3 has been classified as "Reserve Forest". Since Survey No.101/3 has been classified as "Reserve Forest", we are of the view that no one has power to squat on the said forest land.

¶5It is also stated that earlier when action was initiated to evict the encroachers from the said forest land, the encroachers have raised law and order issue.

¶6Since Survey No.101/3 is classified as 'Reserve Forest' and the same is alleged to be encroached by the private respondents, we direct the authority concerned to take steps to remove the encroachments made in Survey No.101/3 in accordance with law, after affording reasonable opportunity to the affected parties, within a period of three months from the date of receipt of a copy of this order. In the course of removal of encroachments, if the authority concerned finds any law and order issue, the authority can very well write to the jurisdictional police, who are, in turn, directed to render necessary police assistance for removal of encroachments.

¶7We direct the officials to adhere to the decision in W.P.(MD) No.16120 of 2023, dated 30.08.2023 (N.Sankar v. The Principal Secretary, Town and Country Planning, Government of Tamil Nadu and three others) to avoid disciplinary proceedings being initiated against them.

¶8With the above direction, the writ petition is disposed of. There will be no order as to costs. We make it clear that we have not passed any adverse order against the private respondents, as it is for the authority concerned to take necessary action against the encroachers in accordance with law. (S.V.N., J.) (K.R.S., J.)

31.08.2023' Page Nos.8/20

¶7The significant part of aforementioned 31.08.2023 order is, it directs action in accordance with law 'after affording reasonable opportunity to the affected parties'. We are informed that the five writ petitioners in the instant WPs are RR 14, 7, 19, 13 and 11 respectively in W.P.No.25714 of 2023.

¶8Learned Senior Counsel for writ petitioners submits that the writ petitioners have submitted an application for re-classification of the lands forming subject matter of captioned five WPs. To be noted, lands forming subject matter of captioned five WPs are comprised in 'S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Thiruvallur District' (hereinafter 'said lands' for the sake of convenience and clarity).

¶9Learned Senior Counsel for writ petitioners submits that the re-classification plea is for re-classification of said lands as 'fy; nkL' (To be noted, it appears that they have been classified as 'reserve forest'). In this regard, learned Senior Counsel for petitioners draws our attention to an order dated 11.01.2024 in W.P.No.525 of 2024 and the same reads as follows: Page Nos.9/20 'IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.01.2024 CORAM : THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.525 of 2024

¶1M.S.Chengal Raju

¶2Ramakrishnama Raju

¶3N.Subramani Raju

¶4K.Mohan Raju

¶5Narasa Raju

¶6Narayanamm

¶7K.Easwari

¶8K.Mani

¶9N.Rajesh

¶10N.Subramaniyan

¶11D.Babu

¶12R.Mohan Raju

¶13Venkataramaraju

¶14M.Vijaya

¶15N.Dhanamjayulu

¶16A.Venkatesulu

¶17D.Praveena

¶18M.Chandra Raju

¶19Nagan Elumalai

¶20K.Poornachandra Raju

¶21M.Ramachandran

¶22K.Mahadavan

¶23M.Somu

¶24M.Babu

¶25S.Babu Page Nos.10/20

¶26Ramya

¶27Yasvanth

¶28K.C.Subramani

¶29D.Venkatarama Raju

¶30Sankara Raju

¶31K.Chensurama Raju

¶32Krishnamoorthy

¶33S.Suresh

¶34Subramani

¶35K.C.Mani

¶36Shoba

.. Petitioners Vs.

¶1The Commissioner of Land Administration Chepauk, Chennai - 600 005.

¶2The Principal Secretary and commissioner Survey and Settlement Department Chepauk, Chennai - 600005.

¶3The District Collector Thiruvallur District - 601 201.

¶4The District Forest Officer (DFO) Thiruvallur District - 601 201.

¶5The Forest Range Officer Gummidipondi Forest Range Madarpakkam Village & Post Pin code - 601 202 Thiruvallur District.

¶6The Tahsildar Gummidipoondi Taluk Thiruvallur District - 601 201.

¶7The Block Development Officer (BDO) Gummidipoondi Union and Taluk Thiruvallur District - 601 201. .. Respondents Page Nos.11/20 Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent herein to rectify the error or mistake committed while resettlement by reclassifying the land in S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Tiruvallur District as 'KAL MEDU' (Rathi Boomilu) instead of 'Reserve Forest' in the 'A' Register by considering the joint representation of the petitioner dated

18.03.2023. For the Petitioners : Mr.R.S.Anandan For the Respondents: Mr.A.Selvendran Special Government Pleader for R1 to R3, R6 and R7 Mr.J.Ravindran Additional Advocate General assisted by Mr.S.J.Mohd. Sathik Government Advocate (Forest) for R4 and R5 ORDER (Made by the Hon'ble Chief Justice) Heard Mr.R.S.Anandan, learned counsel for the petitioners, Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 3, 6 and 7 and Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.S.J.Mohd. Sathik, learned Government Advocate (Forest) for respondents 4 and 5.

¶2Learned counsel for the petitioners submits that representation has been given for correction of mistake in the reclassification of land in S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Tiruvallur District. The representation is given on 18.03.2022. Page Nos.12/20

¶3Learned Additional Advocate General submits that the land encroachment eviction notice, under Section 68-A of the Tamil Nadu Forest Act, 1882, is already issued to the petitioners on 18.11.2023.

¶4Learned counsel for the petitioners submits that reply has been filed to the said notice.

¶5The notice dated 18.11.2023, issued by the Forest Range Officer, is a show-cause notice and the same will have to be decided on its own merits, considering the reply filed by the petitioners. The petitioners can raise all possible defense available to them by filing a reply to the show-cause notice.

¶6As far as reclassification of the land is concerned, it is for the first respondent to consider the same on its own merits and if such application is filed, the first respondent shall consider the same on its own merits and in accordance with the law and policy.

¶7In light of the above, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.531 and 532 of 2024 are closed. (S.V.G., CJ.) (D.B.C., J.)

11.01.2024'

¶10The above order directs 18.03.2023 re-classification application (date is seemingly wrongly stated as 18.03.2022) to be considered by R1 on its own merits and in accordance with law and policy. This Court is informed by learned counsel on both sides that five writ petitioners in the captioned WPs are petitioners in afore-referred W.P.No.525 of 2024 and they are petitioner nos.2, 3, 7, 22 and 24. Page Nos.13/20

¶11In the aforesaid backdrop, pursuant to 31.08.2023 order in W.P.No.25714 of 2023, a notice dated 18.11.2023 was issued is learned State counsel's say. This notice says that it is under Section 68-A(a) of 'the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882)' (hereinafter 'said Act' for the sake of brevity). In response to this 18.11.2023 notice, writ petitioners have sent a joint representation dated 20.11.2023. This means that the joint representation has to be duly considered by the officer concerned vide Section 68-A(b) of said Act is his further say. We deem it appropriate to extract and reproduce the entire Section 68-A of said Act and the same reads as follows: '68-A. Liability of person unauthorisedly occupying any land in reserved forest, etc. to summary eviction.--Any person unauthorisedly occupying any land in reserved forest or any land at the disposal of Government may be summarily evicted by an officer of Forest Department not below the rank of Forest Ranger or an Officer of the Revenue Department not below the rank of Tahsildar, having jurisdiction over the area in which such land is situated, in such manner as may be prescribed and any crop or other product raised on such land, shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also be liable to forfeiture. Forfeiture under this section, shall be adjudged by the officer referred to above and any property so forfeited, shall be disposed of in such manner as may be prescribed: Page Nos.14/20 Provided that no eviction or adjudication under this section adversely affecting a person shall be made or adjudged, unless--

(a) such person has been given a notice in such manner as may be prescribed; and

(b) the representation, if any, received in pursuance of such notice has been duly considered by such officer concerned.'

¶12Though both sides argued on the basis that afore-referred Section 68-A of said Act is operating, this Court finds that there is serious doubt about this position. The reason is, Section 68-A of said Act has been introduced/included by way of an Amendment Act and that Amendment Act is, 'The Tamil Nadu Forest (Amendment) Act, 1981 (Tamil Nadu 41 of 1981)' (hereinafter 'Amending Act 41' for the sake of brevity) but on research made by this Court, it appears that Amending Act 41 has been repealed by the Tamil Nadu Repealing (Second) Act, 2023 (Act 13 of 2023) which came into force on 03.05.2023. If this is the position, reference to Section 68-A in the notices dated 18.11.2023 and impugned notices dated

08.02.2025 is debatable. However, this question is left open and there cannot be two ways about the principle that alleged encroachers, in cases of the nature at hand (to be noted, they are dwelling houses) have to be show Page Nos.15/20 caused / given an opportunity before demolition, as laid down by Hon'ble Supreme Court in In Re.Directions in the matter of demolition of structures reported in 2024 SCC OnLine SC 3291.

¶13The learned State counsel very fairly submits that there is a procedural irregularity as the writ petitioners / noticees having been show caused/have responded vide representation dated 20.11.2023 and the same is yet to be considered.

¶14In the light of the narrative thus far, to give a complete quietus and with an intention of comprehensively dealing with the matter, we deem it appropriate to make the following order:

(i) Re-classification application dated 18.03.2023 made by the writ petitioners and others qua S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Thiruvallur District (to re-classify as 'kal medu' instead of 'reserve forest') shall be considered by R1 on its own merits and in accordance with law as per order dated 11.01.2024 in W.P.No.525 of 2024 Page Nos.16/20 and a decision shall be taken as expeditiously as the business of R1 would permit but in any event within six weeks from today i.e., on or before 02.04.2025;

(ii) Thereafter, R5 shall take up writ petitioners' response dated 20.11.2023 (response to 18.11.2023 notices in the form of representation) and consider the same inter alia in the light of the decision of R1 qua re-classification application dated 18.03.2023 and decide as expeditiously as the business of R5 would permit but in any event within another six weeks thereafter i.e., on or before 14.05.2025;

(iii) Afore-referred orders of R1 as well as R5 shall be served on the writ petitioners under due acknowledgment;

(iv) The electricity supply which has been disconnected to writ petitioners' dwelling houses situate in said lands shall now be restored forthwith as fairly assured by learned State Counsel, on instructions, in this regard. R8 to ensure that needful is done in regard to restoration of electricity connection to writ petitioners' dwelling houses; Page Nos.17/20

(v) All the rights and contentions of the writ petitioners are preserved in the event of orders to be made by R1 in the re-classification application dated 18.03.2023 and orders to be made by R5 being adverse to the writ petitioners and same being assailed, if they are so advised and if so desired. This is owing to the fact that we make it clear that we have not expressed any view or opinion on the merits of the matter, with regard to re-classification; and;

(vi) Though obvious, we make it clear that any coercive action will be subject to and depending on orders to be made by R5 in the aforesaid manner. Captioned 5 WPs stand disposed of in the aforesaid manner. Consequently, captioned WMPs thereat are disposed of as closed. There shall be no order as to costs. (M.S., J.) (K.G.T., J.)

19.02.2025 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.18/20 To

¶1The Commissioner of Land Administration Chepauk Chennai 600 005.

¶2The Principal Secretary and Commissioner Survey and Settlement Department Chepauk, Chennai 600 005.

¶3The District Collector Thiruvallur District 601 201.

¶4The District Forest Officer (DFO) Thiruvallur District 601 201.

¶5The Forest Range Officer Gummidipoondi Forest Range Madarpakkam Village & Post Pincode - 601 202 Thiruvallur District.

¶6The Tahsildar Gummidipoondi Taluk Thiruvallur District - 601 201

¶7The Block Development Officer (BDO) Gummidipoondi Union and Taluk Thiruvallur District - 601 201

¶8The Assistant Engineer (Operation and Maintenance) Tamil Nadu Power Distribution Corporation Limited, Chennai EDC/North Madhavaram Madharpakkam Chennai Page Nos.19/20 W.P.,Nos.5444,,5455,,5458,,5463,&,5467,of,2025 M.SUNDAR,oJ. and K.oGOVINDARAJANoTHILAKAVADI,oJ. mk W.P.oNos.5444,o5455,o5458,o5463o&o5467oofo2025

19.02.2025 (2/2) PageoNos.20/20

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2025 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P. Nos.5999, 6009, 6012, 6015 & 6019 of 2025 K.Ramakrishnama Raju S/o.Pullamaraju Petitioner in WP No.5444/2025 M.Babu S/o.Chengal Raju Petitioner in WP No.5455/2025 K.Easwari W/o.Ravi Petitioner in WP No.5458/2025 N.Subramani Raju S/o.Narayana Raju Petitioner in WP No.5463/2025 K.Madhavan S/o.Chengal Raju Petitioner in WP No.5467/2025 vs. 1. The Commissioner of Land Administration Chepauk Chennai 600 005. Page Nos.1/20 2. The Principal Secretary and Commissioner Survey and Settlement Department Chepauk Chennai 600 005. 3. The District Collector Thiruvallur District - 601 201. 4. The District Forest Officer (DFO) Thiruvallur District - 601 201. 5. The Forest Range Officer Gummidipoondi Forest Range Madarpakkam Village & Post Pincode - 601 202 Thiruvallur District. 6. The Tahsildar Gummidipoondi Taluk Thiruvallur District - 601 201 7. The Block Development Officer (BDO) Gummidipoondi Union and Taluk Thiruvallur District - 601 201 8. The Assistant Engineer (Operation and Maintenance) Tamil Nadu Power Distribution Corporation Limited, Chennai EDC/North Madhavaram Madharpakkam Chennai Respondents in all WPs (R8 suo motu impleaded by this Court on 19.02.2025) Page Nos.2/20 Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of Certiorarified mandamus, calling for the records relating to the 5th respondent herein in Government Order No.832 F & F Government Department dated 13.07.1881 signed on 08.02.2025 and quash the same and consequently, direct the first respondent herein to rectify the error or mistake committed while re-settlement by re-classifying the land in S.No.101/3 in Eguvarpalayam Village, Gummidipoondi Taluk, Thiruvallur District as "Kal Medu" instead of "Reserve Forest" in the 'A' Register by considering the joint representation dated 18.03.2023. For petitioner in all WPs : Mr. A. Navaneethakrishnan Senior Counsel for Mr. R.S. Anandan For Respondents in all WPs : Mr.T.K.Saravanan Additional Government Pleader for R1 to R3, R6 and R7 Dr.T.Seenivasan Spl. Govt. Pleader (Forest) for R4 and R5 Mr.L.Jai Venkatesh, Standing Counsel for R8 C O M M O N O R D E R [Order of the Court was made by M.SUNDAR, J.,] This common order will now govern the captioned five 'writ petitions' (hereinafter 'WPs' for the sake of brevity) and captioned five writ miscellaneous petitions (hereinafter 'WMPs' for the sake of brevity) thereat. Page Nos.3/20 2. Mr. A. Navaneethakrishnan, learned Senior Counsel instructed by Mr.R.S.Anandan, learned counsel on record for writ petitioners in all WPs, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R3, R6 and R7 and Dr.T.Seenivasan, learned Special Government Pleader (Forest) for R4 and R5 are before us. 3. Before we proceed further, considering the nature of the submissions made today, we deem it appropriate to implead the Assistant Engineer (Operation and Maintenance), Tamil Nadu Power Distribution Corporation Limited, Chennai EDC/North, Madhavaram, Madharpakkam, Chennai as R8 in all WPs. 4. Issue notice to R8. Mr.L.Jai Venkatesh, learned Standing Counsel, accepts notice for R8. 5. Main WPs were taken up with the consent of the learned counsel on both sides. Page Nos.4/20 6. We find that the impugned notices i.e., notices dated 08.02.2025 issued by R5 (Forest Range Officer, Gummidipoondi Forest Range, Madarpakkam Village & Post) refers to an order dated 07.02.2024 (made by Madras High Court). Learned Special Government Pleader, fairly submitted that correct reference is dated 31.08.2023 in W.P.No.25714 of 2023. We deem it appropriate to extract and reproduce the 31.08.2023 order in W.P.No.25714 of 2023 and the same is as follows: 'IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.08.2023 CORAM : THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.P.No.25714 of