T.Periyasami v. The Secretary

ORDER [Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity].

¶2This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on

02.06.2025 which reads as follows: Page Nos.2/7 'W.P.No.17716 of 2025 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., (Order of the Court was made by M.SUNDAR, J.,) Writ petitioner seeks removal of encroachment qua 'S.Nos.3/21 and 3/15 at Karumuttikadu, Mookuthipalayam, via - Mallur Village, Salem District' {hereinafter 'said lands' for the sake of brevity, convenience and clarity}.

¶2Writ petitioner earlier came to this Court by way of a writ petition in W.P.No.26677 of 2021, which was disposed of by another Hon'ble Division Bench vide order dated 22.02.2024 recording that a statutory appeal under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} was dismissed (appeal of Ponnupaiyan, who is R6 before us) and a further revision has been filed.

¶3Learned counsel for writ petitioner submits that citing pendency of the statutory revision, removal of encroachment is being delayed.

¶4Issue notice to official respondents i.e., R1 to R5.

¶5Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for official respondents [R1 to R5] and requests for a short accommodation to get instructions inter alia on the following:

(i) Whether statutory revision under Section 10-A of said 1905 Act filed by R6 is pending with R1 (Revisional Authority); Page Nos.3/7

(ii) Whether a stay petition under Section 10-B of said 1905 Act has been filed and if yes, whether any orders have been made thereat.

¶6To enable learned State Counsel to get instructions, list this matter a fortnight hence in the Admission Board i.e., Motion List under the cause list caption 'NOTICE REGARDING ADMISSION' on 16.06.2025.'

¶3Ms.S.Agalya, learned counsel on record for writ petitioner and Mr.M.S.Arasakumar, learned Government Advocate for official respondents/R1 to R5 are before us.

¶4Adverting to aforementioned earlier proceedings dated

02.06.2025, learned State counsel submits that a statutory revision dated 01.09.2022 is filed by one R.Thirupathi and four others, interim order under Section 10-B of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} has been granted (pending revision), interim order is operating and learned State counsel adds that the statutory revision will be disposed of by the revisional authority/R1 as expeditiously as the business of R1 permits but in any event within fourteen weeks from today i.e., on or before 22.09.2025. Page Nos.4/7

¶5We make it clear that all the rights and contentions of R6/private respondent, revision petitioners (R.Thirupathi and four others) will all stand preserved and will not be impacted in any manner by this order. Therefore, we take up the main WP in the Admission Board with the consent of learned State counsel and learned counsel for writ petitioners.

¶6Though obvious we make it clear that the aforementioned statutory revision shall be disposed of by R1 on its own merits and in accordance with law within the aforementioned time frame indicated by the learned State counsel on instructions from R1/revisional authority which is being recorded as an undertaking given to this Court.

¶7Considering the facts and circumstances of the case and nature of the matter, we are of the considered view that it will suffice to record the stated position of the learned State counsel to give a closure to the captioned matter. We do so. Page Nos.5/7

¶8Captioned WP is disposed of as closed recording the stated position of learned State counsel. There shall be no order as to costs. (M.S.,J.) (H.C.,J.)

16.06.2025 Index : Yes / No mmi To

1.The Secretary, Revenue and Disaster Management Department, Chepauk, Chennai.

2.The District Collector, Collectorate, Salem – 636 001.

3.The Revenue Divisional Officer, O/o. Revenue Divisional Office, District Office Complex, Salem – 636 001.

4.The Deputy Tahsildar, Head Quarters, Tahsildhar Office, Manakadu, Astampatti, Salem – 636 007.

5.The Revenue Surveyor, Manakadu, Astampatti, Salem – 636 007. Page Nos.6/7 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi

16.06.2025 Page Nos.7/7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR T.Periyasami ... Petitioner Vs. 1.The Secretary, Revenue and Disaster Management Department, Chepauk, Chennai. 2.The District Collector, Collectorate, Salem – 636 001. 3.The Revenue Divisional Officer, O/o. Revenue Divisional Office, District Office Complex, Salem – 636 001. 4.The Deputy Tahsildar, Head Quarters, Tahsildhar Office, Manakadu, Astampatti, Salem – 636 007. 5.The Revenue Surveyor, Manakadu, Astampatti, Salem – 636 007. 6.Ponnupaiyan ... Respondents Page Nos.1/7 Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose the Revision Petition filed by the sixth respondent within a time frame. For Petitioner : Ms.S.Agalya For Respondents : Mr.M.S.Arasakumar, Government Advocate for R1 to R5