Dismissed

J.Rajesh v. the District Collector

Madras HC19 Feb 2024WP/3659/2024

Case brief

AI extract

What is this about?

The High Court dismissed two writ petitions challenging notices under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, regarding grama natham lands. The Court held that since appeals were filed under Section 10 of the Act, the writ petitions could not be entertained concurrently. The matter was remanded to the Collector for expeditious disposal of the appeals, with a stay on coercive steps

What did the court decide?

Writ petitions dismissed; appeals remanded to Collector for expeditious disposal; coercive steps stayed pending appeal decision.

J.Rajesh Vs the District Collector — Land Acquisition | Madras HC (2024)

¶1

W.P.Nos.3659 and 3664 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 19.02.2024

¶4

CORAM :

¶5

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

¶6

AND

¶7

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

¶8

W.P.Nos.3659 and 3664 of 2024

¶9

J.Rajesh

¶10

.. Petitioner in W.P.No.3659 of 2024

¶11

1.H.Abibullah

¶12

2.H.Ramathulla

¶13

3.Hamanullah .. Petitioners in W.P.No.3664 of 2024

¶14

¶15

1.The District Collector, Chengelpet District, Chengelpet.

¶16

2.The District Revenue Officer, Chengelpet District, Chengelpet.

¶17

3.The Tahsildhar, Tambaram Taluk, Chengelpet District.

¶18

4.The Revenue Inspector, Medavakkam, Tambaram Taluk, Chengelpet District.

¶19

Page 1 of 7

¶20

https://www.mhc.tn.gov.in/judis

¶21

W.P.Nos.3659 and 3664 of 2024

¶22

5.The Land Acquisition Officer/ District Revenue Officer, Chennai Metro Rail Project, 2^nd Floor, Admin Building, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai-600 107.

¶23

.. Respondents in both writ petitions

¶24

Prayer in W.P.No.3659 of 2024: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records in respect of the issuance of the notice dated 5.1.2024 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on the file of the third respondent and quash the same as illegal, incompetent and without jurisdiction and further forbearing the respondents from interfering with the possession of the petitioner's property situated at Survey No.452/12 and 452/13 of Medavakkam Village, Tambaram Taluk, Chengelpet District.

¶25

Prayer in W.P.No.3664 of 2024: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records in respect of the issuance of the notice dated 5.1.2024 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on the file of the third respondent and quash the same as illegal, incompetent and without jurisdiction and further forbearing the respondents from interfering with the possession of the petitioner's property situated at Survey No.452/14 of Medavakkam Village, Tambaram Taluk, Chengelpet District.

¶26

Page 2 of 7

¶27

https://www.mhc.tn.gov.in/judis

¶28

W.P.Nos.3659 and 3664 of 2024

¶29

For the Petitioners : Mr.V.Raghavachari Senior Counsel for Mr.N.Premkumar For the Respondents : Mr.C.Kathiravan Spl. Government Pleader

¶30

ORDER

¶31

(Order of the court was made by the Hon'ble Chief Justice)

¶32

We have heard Mr.V.Raghavachari, learned Senior Counsel appearing on behalf of Mr.N.Premkumar, learned counsel for the petitioners; and, Mr.C.Kathiravan, learned Special Government Pleader for the respondents.

¶33

Learned Senior Counsel for the petitioners submits that the lands in question are classified as grama natham land. The petitioners are occupying the said lands since time immemorial. Even construction permission is granted to the petitioners in 1995. Still a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is issued. This Court has consistently held that Section 6 of the Act of 1905 would not be applicable to grama natham lands.

¶34

Page 3 of 7

¶35

https://www.mhc.tn.gov.in/judis

¶36

W.P.Nos.3659 and 3664 of 2024

¶37

Learned Special Government Pleader submits that the

¶38

petitioners have already filed appeals under Section 10 of the Act of 1905 before filing the present writ petitions.

¶39

It appears that after filing of the appeals, the petitioners have filed the present writ petitions. Two remedies cannot be availed at the same time. The petitioners may prosecute their appeals in accordance with law. Naturally, the Collector will have to consider the judgments of this court about the authority of the Tahsildar to invoke the provisions of the Act of 1905 vis-a-vis grama natham lands, so also the stand of the petitioners with regard to their rights over the land and thereafter decide the appeals on its own merits.

¶40

The appeals shall be decided expeditiously by the Collector.

¶41

The petitioners shall appear before the Collector on 4.3.2024. Considering the factual matrix involved in this case, till the appeals are decided by the Collector, the respondents shall not take further

¶42

Page 4 of 7

¶43

https://www.mhc.tn.gov.in/judis

¶44

W.P.Nos.3659 and 3664 of 2024

¶45

coercive steps against the petitioners pursuant to the impugned order under Section 6 of the Act of 1905.

¶46

The writ petitions are disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.Nos.3943, 3944, 3950 and 3951 of 2024 are closed. W.M.P.No.3949 of 2024 in W.P.No.3664 of 2024 filed by the petitioners to permit them to file a single writ petition is allowed and disposed of, inasmuch as the petitioners have paid separate sets of court-fee.

¶47

(S.V.G., CJ.) (D.B.C., J.) 19.02.2024 Index : Yes/No Neutral Citation : Yes/No sasi

¶48

Page 5 of 7

¶49

https://www.mhc.tn.gov.in/judis

¶50

W.P.Nos.3659 and 3664 of 2024

¶51

¶52

1.The District Collector, Chengelpet District, Chengelpet.

¶53

2.The District Revenue Officer, Chengelpet District, Chengelpet.

¶54

3.The Tahsildhar, Tambaram Taluk, Chengelpet District.

¶55

4.The Revenue Inspector, Medavakkam, Tambaram Taluk, Chengelpet District.

¶56

5.The Land Acquisition Officer/ District Revenue Officer, Chennai Metro Rail Project,

¶57

2^nd Floor, Admin Building, CMRL Depot, Poonamallee High Road, Koyambedu, Chennai-600 107.

¶58

https://www.mhc.tn.gov.in/judis

¶59

Page 6 of 7

¶60

W.P.Nos.3659 and 3664 of 2024

¶61

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

¶62

(sasi)

¶63

W.P.Nos.3659 and 3664 of 2024

¶64

19.02.2024

¶65

_____________ Page 7 of 7_

¶66

https://www.mhc.tn.gov.in/judis

J.Rajesh v. the District Collector

Case brief

What is this about?

What did the court decide?

J.Rajesh v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Bagavathi Auto Parts Vs State of Tamil Nadu Rep. by

M/S.Repco Home Finance Limited Vs District Magistrate and District Collector

College Students and Graduate Association Vs Directorate for Welfare of the Differently Abled

N.Gurumoorthy Vs The Registrar General

R.Revathy Vs State Bank of India

C.K.Arjun Vs the District Collector