Vadivambal v. The District Collector

ORDER [made by M.SUNDAR, J.] Subject matter of captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] is 'land comprised in Survey No.392/1 in Semmedu (wrongly stated as Sempedu) Village, Gingee Taluk, Villupuram District' [hereinafter 'said land' for the sake of convenience and clarity].

¶2Ms. R. Poornima, learned counsel on record for writ petitioner and Mr. T.K. Saravanan, learned Additional Government Pleader for RR 1,2 and 4 are before us. As of this day, R3 (Block Development Officer) remains unserved but Mr. K. Suresh, learned Government Advocate, who is present before us, accepts notice for R3. Page Nos.2/12

¶3Mr. T.K. Saravanan and Mr. K.Suresh, learned State counsel, submit that they are ready to have the captioned main WP taken up. Ms. R. Poornima, learned counsel on record for writ petitioner also agrees for having the captioned main WP taken up.

¶4The entire matter turns on a short point.

¶5Writ petitioner was visited with a 'notice signed by R2 (Tahsildar) on 06.03.2023 bearing reference Na.Ka.No.Aa1/203/2023' [hereinafter 'impugned notice' for the sake of convenience and clarity]. To be noted, the impugned notice is under Section 6 of the 'Tamil Nadu Land Encroachment Act' (Act III of 1905)' [hereinafter 'said 1905 Act' for the sake of convenience and clarity]. Assailing the impugned notice and claiming damages, writ petitioner came to this Court earlier vide W.P.No.21498 of 2023 and the same came to be disposed of by another Hon'ble Division Bench in and by order dated 21.07.2023 which reads as follows: Page Nos.3/12 Page Nos.4/12 Page Nos.5/12 Page Nos.6/12

¶6Learned counsel for writ petitioner submits that post aforereferred judicial order, writ petitioner appeared before R1 (District Collector) on 01.08.2023 and submitted a detailed written submission also, a scanned reproduction of which is as follows: Page Nos.7/12 Page Nos.8/12 Page Nos.9/12

¶7Notwithstanding myriad grounds and averments in the writ affidavit, the sole grievance of the writ petitioner is that R1 has not passed orders until this day.

¶8In response to this, learned State counsel for RR 1, 2 and 4 submits, on instructions, that R1 will pass orders as expeditiously as the business of R1 permits but in any event within a period of eight weeks from today, i.e., on or before 19.09.2025.

¶9The order so made by R1 shall be served on the writ petitioner under due acknowledgment within five working days from the date of the order.

¶10Considering the narrative thus far, we are of the considered view that recording the stated position of the learned State counsel for RR 1,2 and 4 (captured supra) as an undertaking given to this Court, will suffice to give a closure to the captioned main WP. We do so. Page Nos.10/12

¶11Captioned main WP stands disposed of as closed in the aforesaid manner. Consequently, captioned writ miscellaneous petition thereat is also disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.)

25.07.2025 cad Index : Yes/No NC : Yes/No To

¶1The District Collector

Villupuram District

¶2The Tahsildar

Gingee Villupuram District

¶3The Block Development Officer Gingee Villupuram District

¶4The Village Administrative officer Sempedu Village & Post Gingee Villupuram District Page Nos.11/12

M.SUNDAR, J. and

K.GOVINDARAJAN THILAKAVADI, J. cad

25.07.2025 Page Nos.12/12

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.13047 of 2024 and W.M.P.No.14210 of 2024 Vadivambal Petitioner vs. 1. The District Collector Villupuram District 2. The Tahsildar Gingee Villupuram District 3. The Block Development Officer Gingee Villupuram District 4. The Village Administrative officer Sempedu Village & Post Gingee Villupuram District Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus forbearing the respondents, their men, agents and subordinates from interfering with the petitioner's peaceful possession and enjoyment of the property in Survey No. 189/1C, Sempedu Village, Gingee, Villupuram District. Page Nos.1/12 For petitioner : Ms. R. Poornima For RR 1, 2 & 4 : Mr. T.K. Saravanan Additional Government Pleader For R3 : Mr. K. Suresh Government Advocate