Disposed

Mrs.Anbu v. the District Collector

Madras HC29 Jan 2025WP/2294/2025

Case brief

AI extract

What is this about?

Writ of mandamus sought to remove alleged encroachment on a village survey number in Ariyalur District. The State stated encroachment proceedings under the Tamil Nadu Land Encroachment Act, 1905 were commencing; the court noted the Act is a self-contained code and disposed of the petition directing proceedings be concluded expeditiously within twelve weeks.

What did the court decide?

Petition disposed of with direction that encroachment proceedings under the 1905 Act proceed and conclude within twelve weeks.

Mrs.Anbu Vs the District Collector — Land Acquisition | Madras HC (2025)

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W.P.No.2294 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.01.2025

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Coram

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THE HONOURABLE MR.JUSTICE M.SUNDAR

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and

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.2294 of 2025

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Mrs.Anbu

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W/o.Rajarajan .. Petitioner

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The District Collector

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District Collector Office Ariyalur District – 621 704

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District Revenue Officer District Revenue Office Ariyalur District – 621 704

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Revenue Divisional Officer Revenue Divisional Office Udayarpalayam Ariyalur District – 621 804

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The Thasildar

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W.P.No.2294 of 2025

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Thasildar Office

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Andimadam Taluk Ariyalur District – 621 801

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Block Development Officer Andimadam Block Ariyalur District – 621 801

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Mr.G.Karunanidhi S/o.Gopal .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing 4th and 5th respondents to take appropriate action as instructed by the 2nd respondent vide his communication dated 15.07.2024 and to remove the encroachment made in Old Survey No.299/2, New Survey No.299/13 of Periyakrishnapuram Village in Ariyalur District.

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For Petitioner : Mr.M.Gunasekaran For Respondents : Mr.T.K.Saravanan Government Advocate for R1 to R4

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Mr.M.Shajahan Special Government Pleader for R5

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W.P.No.2294 of 2025

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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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Captioned main writ petition has been filed with a mandamus

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prayer i.e., a directive to R4 and R5 to take appropriate action qua removal of alleged encroachment in 'S.No.299/13 in Siluvaicheri Village, Andimadam Taluk, Ariyalur District' [hereinafter 'said land' for the sake

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of brevity and convenience].

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Learned counsel for writ petitioner drew our attention to a

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communication dated 12.05.2023 bearing reference e/f/m1 /274 /2023

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from R4 to R5 which reads as follows:

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W.P.No.2294 of 2025

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W.P.No.2294 of 2025

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W.P.No.2294 of 2025

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Issue notice to official respondents.

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Mr.T.K.Saravanan, learned Government Advocate accepts

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notice for Respondents 1 to 4 and Mr.M.Shajahan, learned Special

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Government Pleader accepts notice for R5.

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Learned State counsel adverting to aforementioned 12.05.2023

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proceedings submit, on instructions, that survey has been conducted,

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encroachment has been noticed and commencement of proceedings under

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'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of

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1905)' {hereinafter 'said 1905 Act' for the sake of brevity} is on the anvil. This means that the alleged encroacher i.e., R6 (private respondent) and/or any other encroacher will be put on notice vide

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Section 7 of said 1905 Act and given an opportunity. Therefore, as there

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is a safety valve qua R6 (private respondent), with the consent of learned

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State counsel and learned counsel for writ petitioner, main writ petition is

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taken up in the Admission Board.

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W.P.No.2294 of 2025

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This Court has repeatedly held that said 1905 Act is a self

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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

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[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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The above also means that the alleged encroacher will have all

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the rights under the Statute preserved.

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Learned State counsel submits that proceedings under said 1905

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Act, which is on the anvil, will be commenced and concluded as

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expeditiously as the business of official respondents would permit but in

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any event within 12 weeks from today i.e., on or before 23.04.2025. This

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W.P.No.2294 of 2025

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submission of learned counsel is recorded and we deem it appropriate to

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write and direct that let proceedings go on in accordance with said 1905

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Act qua R6 and/or any other encroacher qua said land.

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Captioned writ petition disposed of in the aforesaid manner. There

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shall be no order as to costs.

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[M.S., J] [K.R.S., J] 29.01.2025

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Index: Yes/No Speaking order / Non-speaking order gpa

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W.P.No.2294 of 2025

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The District Collector District Collector Office Ariyalur District – 621 704

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District Revenue Officer District Revenue Office Ariyalur District – 621 704

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Revenue Divisional Officer Revenue Divisional Office Udayarpalayam Ariyalur District – 621 804

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The Thasildar Thasildar Office Andimadam Taluk Ariyalur District – 621 801

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Block Development Officer Andimadam Block Ariyalur District – 621 801

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W.P.No.2294 of 2025

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

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gpa

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W.P.No.2294 of 2025

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29.01.2025

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Mrs.Anbu v. the District Collector

Case brief

What is this about?

What did the court decide?

Mrs.Anbu 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

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