Disposed¶44

T.Pandurangan v. the Secretary to the Government

Madras HC11 Jun 2025WP/19375/2025

Case brief

AI extract

What is this about?

Madras HC writ petition disposed of as closed (11.06.2025, M. Sundar J. for Bench with Hemant Chandangoudar J.): challenge to BDO/Special Officer's demolition-related notice dated 22.04.2025 under S.131(2) Tamil Nadu Panchayats Act 1994; State stated Tamil Nadu Land Encroachment Act 1905 proceedings with S.7 show-cause and three-tier opportunity would follow; alternate accommodation and patta requests to be raised in reply to S.7 notice; no costs.

What did the court decide?

No substantive relief; the captioned writ petition and the connected W.M.P.No.21628 of 2025 were disposed of as closed, with no order as to costs; the petitioner's requests for alternate accommodation and patta are to be made in response to the Section 7 show-cause notice and considered on their own merits subject to requisite parameters. ¶44

T.Pandurangan Vs the Secretary to the Government — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶44

Issue for consideration

Whether the impugned notice/order dated 22.04.2025 issued by the fifth respondent (certiorari limb) is liable to be quashed, the writ petitioner alleging that he was not given an opportunity before it was made. +1 more

¶34

Ratio / Principle

The Court held that the mandamus limb of the prayer pertaining to alternate accommodation, and the submissions made at the Bar regarding a request for patta, can all be made by the writ petitioner in response to the Section 7 show-cause notice under the Tamil Nadu Land Encroachment Act, 1905, and the same shall be considered on its own merits and in accordance with law, subject to the writ petitioner satisfying the requisite parameters.

¶38

Key takeaways

Since the writ petitioner's anxiety that he is under pain of dispossession and demolition stood doused owing to the stated position of the learned State counsel (that the impugned order was made under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, that proceedings under the Tamil Nadu Land Encroachment Act, 1905 would be kick-started, and that the petitioner would be show-caused under Section 7 with a three-tier opportunity mechanism) being recorded, the Court gave a closure to the writ petition, disposing of it as closed along with the connected writ miscellaneous petition, with no order as to costs.ratio¶43

Detailed headnote1 paragraphs

Madras High Court (Division Bench: M. Sundar and Hemant Chandangoudar, JJ.; order by M. Sundar, J.) — W.P.No.19375 of 2025 & W.M.P.No.21628 of 2025, decided 11.06.2025. T. Pandurangan filed a writ petition under Article 226 seeking a writ of Certiorarified Mandamus to quash a notice dated 22.04.2025 (Na.Ka.Yen.Aa2/049/2025; described as e/f/vz : M2 / 049 / 2025) issued by the fifth respondent, the Special Officer/Block Development Officer, Ponparapi Village Panchayat, and to direct provision of alternative accommodation, as per the fourth respondent's order in Na.Ka.Aa3/23/2024 dated 05.04.2025, before demolition of the petitioner's house at No.1/162, Keeleri Vadakarai Main Road, Ponparappi Village, S.No.269/1, Senthurai Taluk, Ariyalur District. Counsel for the petitioner submitted that no opportunity had been given qua the impugned order. The learned Additional Government Pleader (Mr. T.K. Saravanan), accepting notice, stated that the impugned order was made by R5 under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, that proceedings under the Tamil Nadu Land Encroachment Act, 1905 would be kick-started, that the petitioner would be show-caused under Section 7 of the 1905 Act, and that a three-tier opportunity mechanism exists. The Court held that the alternate-accommodation and patta requests could all be made in response to the Section 7 show-cause notice and would be considered on their own merits and in accordance with law, subject to the petitioner satisfying the requisite parameters. Finding the petitioner's anxiety of dispossession and demolition doused by the recorded position of the State counsel, the Court disposed of the writ petition and the connected miscellaneous petition as closed, with no order as to costs.

¶1

W.P.No.19375 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 11.06.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

¶6

W.P.No.19375 of 2025 &

¶7

W.M.P No.21628 of 2025

T.Pandurangan

... Petitioner

Vs.

The Secretary to the Government Revenue Department Government of Tamilnadu

¶12

Secretariat, Fort St.George

¶13

Chennai – 600 009

¶14

The District Collector Ariyalur District Ariyalur – 621 704

¶15

The Divisional Monitoring Committee Headed by Revenue Divisional Officer Ariyalur District

¶16

The Thasildhar Senthrai Taluk Senthurai

¶17

Page Nos.1/6

¶18

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

¶19

W.P.No.19375 of 2025

¶20

Ariyalur District – 621 714

¶21

The Special Officer/ Block Development Officer Ponparapi Village Panchayat Panchayat Union Office, Senthurai Ariyalur District ... Respondents

¶22

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the impugned notice issued by the fifth respondent in Na.Ka.Yen.Aa2/049/2025 dated 22.04.2025 and to quash the same and consequently direct the respondents to provide an alternative accommodation to the petitioner as per the order of the 4^th respondent in Na.Ka.Aa3/23/2024 dated 05.04.2025 before taking any steps for demolishing petitioner's house at No.1/162, Keeleri Vadakarai Main Road, Ponparappi Village, Senthurai Taluk, Ariyalur in S.No.269/1, Ponparappi Village.

¶23

For Respondents : Mr.T.K.Saravanan Additional Government Pleader

¶24

ORDER

¶25

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

¶26

Captioned main writ petition has been filed inter alia assailing an

¶27

'order signed by R5 on 22.04.2025 bearing reference e/f/vz : M2 / 049 /

¶28

2025' [hereinafter 'impugned order' for the sake of brevity]. To be noted,

¶29

this is the certiorari limb of the prayer and as regards the mandamus limb, the writ petitioner has sought for alternate accommodation.

¶30

Page Nos.2/6

¶31

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

¶32

W.P.No.19375 of 2025

¶33

2. Learned counsel for writ petitioner submits that the writ petitioner

¶34

has not been given an opportunity qua the impugned order.

¶35

3. Issue notice.

¶36

4.Mr.T.K.Saravanan, learned Additional Government Pleader, who accepts notice for respondents, submits that impugned order has been made by R5 in exercise of powers under Section 131(2) of 'Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)' [hereinafter 'said Act' for the sake of convenience and clarity]. State counsel adds that this means that proceedings under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} will be kick started, which in turn means that the writ petitioner will be show-caused vide Section 7 of said 1905 Act and there is a three tier

¶37

mechanism as regards opportunity to writ petitioner.

¶38

5. This Court is of the view that the mandamus limb of the prayer pertaining to alternate accommodation and submissions made by learned counsel at the Bar regarding a request for patta can all be made by the writ petitioner in response to Section 7 show-cause notice and the same shall be

¶39

Page Nos.3/6

¶40

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

¶41

W.P.No.19375 of 2025

¶42

considered on its own merits and in accordance with law subject to writ petitioner satisfying the requisite parameters.

¶43

6. As the anxiety of the writ petitioner that he is under pain of dispossession and demolition stands doused owing to the stated position of the learned State counsel being recorded supra, we give a closure to the captioned writ petition and write that captioned writ petition is disposed of as closed. Consequently, the connected writ miscellaneous petition thereat

¶44

is also disposed of as closed. There shall be no order as to costs.

¶45

(M.S.,J.) (H.C.,J.) 11.06.2025 (1/2)

¶46

Index : Yes / No Neutral Citation : Yes / No gpa

¶47

Page Nos.4/6

¶48

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

¶49

W.P.No.19375 of 2025