The petitioner challenged an order declining patta issuance for encroached land reserved for the Adi Dravidar Welfare Department. The court held the Tamil Nadu Land Encroachment Act, 1905 is a self-contained code with appeal provisions, leaving no scope for High Court interference in this writ petition.
Writ petition and miscellaneous petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.36350 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.36350 of 2024 and
W.M.P.No.39225 of 2024
in
W.P.No.36350 of 2024
K.Ramesh S/o.Kandasamy ... Petitioner
Vs.
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Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the entire records connected with the impugned proceedings passed by the 3rd respondent vide Na.Ka.No.A2/4107/2023 dated 05.11.2024 and quash the same and consequently, direct the 2nd and 3rd respondents to issue patta in the name of the petitioner with respect to property in Plot No.45 now
D.No.1/107, Rettikudikadu, Vasistapuram, Perambalur - 621 716.
For Petitioner : Ms.N.Lavanya For Respondents : Mr.M.S.Arasakumar Government Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J. ,]
Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity and convenience} pertains to 'land comprised in Plot No.45 now D.No.1/107, Rettikudikadu, Vasistapuram, Perambalur - 621 716' {hereinafter 'said land' Page Nos.2/11
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for the sake of brevity, convenience and clarity}.
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referred to as 'said 1905 Act' is a self contained Code. The reason inter-alia is that there is a provision to have the alleged encroacher show caused under section 7 followed by an order (considering the cause shown). The order under section 6 is appealable under section 10 [District Collector is the appellate authority] and there is a provision for further revision to the Government under Section 10-A [Section 10-A(3) to be precise] of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Therefore, said 1905 Act is a self contained Code in every sense of the expression.
in the captioned WP.
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Ergo, the sequitur is, captioned WP fails to pass muster in the Admission Board and the same is dismissed. Consequently, Writ Miscellaneous Petition perishes with the captioned WP and the same is also dismissed. Considering the nature of submissions made, this Court refrains itself from imposing costs.
(M.S.,J.) (K.R.S.,J.) 04.12.2024
Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk
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To
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M.SUNDAR, J., and K.RAJASEKAR, J.,
mk
W.P.No.36350 of 2024
04.12.2024
(1/2)
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1 issue framed by the court
Whether the High Court should interfere in the order declining to issue patta on encroached land set aside for free housing sites.
Colour shows how this judgement treated each authority
previous writ petition matterReferred¶32
W.P.No.27081 of 2024
3 provisions across 1 enactments
K.Ramesh
District Collector, Perambalur
Revenue Divisional Officer, Kunnam
Tahsildar, Kunnam
Revenue Inspector, Vedakalur
President, Vashistapuram Panchayat
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
