Allowed

S.Pazanisami v. the District Collector

Madras HC16 Dec 2024WP/38402/2024

Case brief

AI extract

What is this about?

The petitioner sought withdrawal of the writ petition praying issuance of writs for inclusion of his land in permission orders, citing Tamil Nadu Land Encroachment Act, 1905. The Court allowed withdrawal with preservation of rights and contentions to pursue statutory appeals under the said Act, treating it as a self-contained code.

What did the court decide?

Writ Petition and Writ Miscellaneous Petitions disposed of as withdrawn with preservation of rights to pursue statutory appeal under Section 10 and stay petition under Section 10-B of the Tamil Nadu L

S.Pazanisami Vs the District Collector — Property and Title | Madras HC (2024)

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W.P.No.38402 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.38402 of 2024 and

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W.M.P.Nos.41589 & 41590 of 2024

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W.P.No.38402 of 2024

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S.Pazhanisami

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S/o.Sennimalai Gounder

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... Petitioner

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Vs.

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The District Collector Erode District Erode - 638 002.

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The Executive Engineer Catchment Area Extension Division Division-4, Keelbavani Kangeyam - 638 701.

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The Assistant Executive Engineer Keelbavani Kangeyam - 638 701.

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The Assistant Engineer Public Works Department

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Page Nos.1/6

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

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W.P.No.38402 of 2024

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Irrigation Department Chenniamalai - 638 051.

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The Executive Engineer Highways Department Keelbavani Kangeyam. ... Respondents

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Prayer :

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Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the notices dated 04.11.2024 and 14.10.2024 issued by the 3rd and 4th respondents authorities and quash the same and consequently, direct the respondents to include the petitioner's name Pazhanisamy in Survey Nos.49, 50/2C, 50/1 A2, 50/2 A2 at Orathapalam Village, Perunthurai, Erode District in the permission order dated 06.04.1994 and renew the same.

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For Petitioner : Mr.R.Jaikumar

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O R D E R

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[Order of the Court was made by M.SUNDAR, J. ,]

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After some arguments, Mr.R.Jaikumar, learned counsel on record for

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writ petitioner sought leave of this Court to withdraw the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} to work out his remedies under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. Learned counsel Page Nos.2/6

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

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W.P.No.38402 of 2024

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made a plea to preserve all rights and contentions of writ petitioner (including the contentions raised in the captioned WP) for pursuing a statutory appeal under Section 10 of said 1905 Act which is said to have been filed. Learned counsel seeks leave of this Court to preserve rights for filing an intended stay petition under Section 10-B of said 1905 Act. Though obvious, we make it clear that all rights are preserved and that includes rights to file a petition under Section 10-B of said 1905 Act.

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This Court has repeatedly held that 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' which is being 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.

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Learned counsel has made an endorsement in the case file and a Page Nos.3/6

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

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W.P.No.38402 of 2024

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scanned reproduction of the same is as follows:

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In the light of the narrative thus far, captioned WP and captioned Writ Miscellaneous Petitions thereat are disposed of as withdrawn / closed albeit with preservation of rights and contentions in the aforesaid manner. There shall be no order as to costs.

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(M.S.,J.) (K.R.S.,J.) 16.12.2024 Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order

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Page Nos.4/6

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

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W.P.No.38402 of 2024

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The District Collector Erode District Erode - 638 002.

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The Executive Engineer Catchment Area Extension Division Division-4, Keelbavani Kangeyam - 638 701.

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The Assistant Executive Engineer Keelbavani Kangeyam - 638 701.

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The Assistant Engineer Public Works Department Irrigation Department Chenniamalai - 638 051.

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The Executive Engineer Highways Department Keelbavani Kangeyam.

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Page Nos.5/6

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

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W.P.No.38402 of 2024

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M.SUNDAR, J., and K.RAJASEKAR, J.,

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W.P.No.38402 of 2024

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16.12.2024

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Page Nos.6/6

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

S.Pazanisami v. the District Collector

Case brief

What is this about?

What did the court decide?

S.Pazanisami v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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