C.Utharaikumari v. The District Collector

O R D E R [Order of the Court was 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.93/2A in Layon Grant Village, Red Hills Sub Taluk, Ponneri Taluk, Thiruvallur District' (hereinafter 'said land' for the sake of convenience and clarity).

¶2If said land can be described as 'nucleus' of the captioned WP, a 'notice signed by R3 (Revenue Inspector, Redhills Firka, Redhills, Chennai – 600 052) on 27.06.2025' (hereinafter 'said notice' for the sake of convenience and clarity) being a notice under Section 7 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} can be described as 'epicentre' of the captioned WP.

¶3Learned counsel for writ petitioners submits that said notice was affixed in the property concerned. Page Nos.2/6

¶4In response to said notice, second writ petitioner (Mr.C.Surendran, S/o.Late C.Chandrabose) sent a response showing cause and this response is dated 10.07.2025. This response is on behalf of petitioner No.2 as well as petitioner Nos.1 and 3 to 6 who according to the learned counsel for writ petitioners are members of the same family.

¶5Prayer in the captioned WP is only to mandamus the official respondents to consider the writ petitioners' response.

¶6Issue notice to official respondents.

¶7Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for all three respondents and with the consent of learned counsel on both sides, captioned WP is taken up in the Admission Board.

¶8Learned State counsel very fairly submits on instructions that said notice will now stand withdrawn as it is not addressed to the writ petitioners, not even to one or some of the writ petitioners. The addressee is described as tile house. A scanned reproduction of said notice is as follows: Page Nos.3/6 Page Nos.4/6

¶9Learned State counsel makes a request to preserve all the rights and contentions of the respondents to issue notice afresh to writ petitioners and /or any other alleged encroacher qua said land obviously by naming the encroachers. This request is acceded to.

¶10In the light of the stated position of learned State counsel, said notice stands effaced albeit with preservation of rights of R3 to issue notice afresh in the aforesaid manner.

¶11Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (T.V.K.,J.)

07.08.2025 Index : Yes / No mmi To

1.The District Collector, First Floor, Collectorate,Tiruvallur – 602 001.

2.The Tahsildar, Ponneri Taluk, Ponneri, Tiruvallur – 601 204.

3.The Revenue Inspector, Redhills Firka,Redhills, Chennai – 600 052. Page Nos.5/6 M.SUNDAR, J., and T.VINOD KUMAR, J., mmi

07.08.2025 Page Nos.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.08.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE T.VINOD KUMAR 1.C.Utharaikumari 2.C.Surendran 3.S.Nithya 4.C.Sudhakar 5.S.Hema 6.R.Subhashini .. Petitioners Vs. 1.The District Collector, First Floor, Collectorate, Tiruvallur – 602 001. 2.The Tahsildar, Ponneri Taluk, Ponneri, Tiruvallur – 601 204. 3.Revenue Inspector, Redhills Firka, Redhills, Chennai – 600 052. ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to conduct the enquiry on the objection of the petitioners dated 10.07.2025 and 23.07.2025 made to the undated notice under Section 7 of Land Encroachment Act. Page Nos.1/6 For Petitioners : Mr.L.Leela Raman For Respondents : Mr.T.K.Saravanan Additional Government Pleader