N.Sadhasivam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.Nos.15058, 15103, 15108, 15112 and 15114 of 2025 and W.M.P. No.17013 of 2025 in W.P.No.15058 of 2025 W.M.P. No.17022 of 2025 in W.P.No.15103 of 2025 W.M.P. No.17024 of 2025 in W.P.No.15108 of 2025 W.M.P. No.17026 of 2025 in W.P.No.15112 of 2025 W.M.P. No.17027 of 2025 in W.P.No.15114 of 2025 N.Sadhasivam Petitioner in W.P.No.15058 of 2025 S.Selvi Petitioner in W.P.No.15103 of 2025 M.Anbumani Petitioner in W.P.No.15108 of 2025 R.Gowthaman Petitioner in W.P.No.15112 of 2025 R.Baskar Petitioner in W.P.No.15114 of 2025 vs.

¶1The District Collector Cuddalore District

¶2The Sub-Collector/Revenue Divisional Officer Chidambaram Cuddalore District Page Nos.1/10

¶3The Tahsildar Chidambaram Cuddalore District

¶4The Assistant Engineer Water Resources Department Khansahib Canal Section Chidambaram Cuddalore District Respondents in all WPs Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to consider the petitioners' representations dated 04.04.2025 and the subsequent representations dated 05.04.2025 made to the fourth respondent. For Petitioners in Mr. A. Kumar all WPs along with Mr. K.J. Sivakumar For Respondents in Mr. T.K. Saravanan all WPs Addl. Govt. Pleader COMMON ORDER [Order of the Court was made by M. SUNDAR, J.] Captioned 'Writ Petitions' (hereinafter 'WPs' for the sake of brevity) are predicated on identical representations dated 04.04.2025 and 05.04.2025 (hereinafter 'said representations') made by each of Page Nos.2/10 the writ petitioners wherein writ petitioners, who are encroachers in a water body, seek issue of free house site pattas in an alternative site at Thandavarayan Chozhan Pettai, Chidambaram Taluk, Cuddalore District.

¶2Learned counsel for writ petitioners submits that the writ petitioners are entitled to free house site pattas but they are under imminent threat of dispossession/demolition under 'the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' (hereinafter 'Tanks Act' for the sake of brevity).

¶3Issue notice to respondents.

¶4Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for all four respondents, submits on instructions that the requests of the writ petitioners for issue of free house site pattas at alternative site have been examined and the State has come to the conclusion that the writ petitioners are entitled to free house site pattas vide G.O. (Ms.) No.97, Revenue and Disaster Management [LD-1(1)] Department dated 21.02.2025 as amended by G.O. (Ms.) No.205, Revenue and Disaster Management [LD-1(1)] Department Page Nos.3/10 dated 26.04.2025 (hereinafter 'said GOs' for the sake of convenience and clarity').

¶5Learned State counsel further submits, on instructions, that decision has been taken by State to grant free house site pattas in Thandavarayan Chozhan Pettai, Chidambaram Taluk, Cuddalore District and the exercise of grant of free house site pattas will be completed as expeditiously as the business of official respondents would permit but in any event on or before 31.07.2025.

¶6Owing to the stated position of the learned State counsel, the task of disposal of captioned WPs and captioned 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' for the sake of brevity) thereat has become fairly simple. Therefore, with the consent of learned counsel on both sides, captioned main WPs are taken up in the Admission Board.

¶7If the State has already taken a decision to grant free house site pattas at Thandavarayan Chozhan Pettai, Chidambaram Taluk, Cuddalore District, to writ petitioners vide said GOs, it is only appropriate that coercive action against writ petitioners qua Page Nos.4/10 encroachments made by them is deferred till pattas are issued to writ petitioners. To be noted, Mr.A.Kumar, along with Mr. K.J. Sivakumar, learned counsel on record for writ petitioners, fairly submits, on instructions, that the writ petitioners will readily accept the alternative site and will vacate the encroachments qua water body without waiting for coercive action. In other words, no sooner than alternative sites are provided, writ petitioners will vacate the encroachments without compelling coercive action. This submission is recorded. In this regard, learned counsel for writ petitioners, on instructions, has made endorsements in the case files and a scanned reproduction of the same is as follows: Endorsement in W.P.No.15058 of 2025: Page Nos.5/10 Endorsement in W.P.No.15103 of 2025: Endorsement in W.P.No.15108 of 2025: Page Nos.6/10 Endorsement in W.P.No.15112 of 2025: Endorsement in W.P.No.15114 of 2025: Page Nos.7/10

¶8We make it clear that this common order is being made by recording the stated position of learned State counsel. In other words, it is in the nature of a consent order and therefore, this order will not serve as a precedent in other cases of this nature.

¶9Captioned WPs are disposed of by making the following order: i. Let the decision of the State to grant free house site pattas to writ petitioners vide said Government Orders be implemented by issuing suitable orders as expeditiously as the official business of the respondents would permit but in any event on or before 31.07.2025; and ii. Post 31.07.2025, if the writ petitioners do not vacate albeit the undertaking, coercive action already commenced shall continue and the same shall be taken to its logical end as expeditiously as the official business of respondents would permit but in any event within three months therefrom i.e., on or before 31.10.2025. Page Nos.8/10

¶10Captioned main WPs are disposed of in the aforesaid manner. In the light of our allusion supra regarding deferring coercive action, captioned WMPs have become otiose and the same are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (H.C.,J.)

02.06.2025 Index : Yes / No mmi To

¶1The District Collector Cuddalore District

¶2The Sub-Collector/Revenue Divisional Officer Chidambaram Cuddalore District

¶3The Tahsildar Chidambaram Cuddalore District

¶4The Assistant Engineer Water Resources Department Khansahib Canal Section Chidambaram Cuddalore District Page Nos.9/10 W.P.No.15058,of,2025,etc., M.SUNDAR,(J., and HEMANT(CHANDANGOUDAR,(J., mmi W.P.Nos.15058,(15103,(15108,( 15112(and(15114(of(2025

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