M.Sekar Vs the District Collector

Writ Petitions filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records from the fourth respondent and quash the impugned notice in Na.Ka.No.OO.Se/005/2025 dated 20.03.2025 issued by the fourth respondent.

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For Petitioner : Mr.S.Selvaraj in all WPs

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For Respondents : Mr.T.K.Saravanan, Additional Government Pleader in all WPs

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COMMON ORDER

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

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This common order will govern captioned three main 'Writ Petitions' (hereinafter 'WPs' for the sake of brevity) and 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' for the sake of brevity) thereat.

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Captioned main WPs have been filed with identical prayers for issue of writs of certiorari qua identical 'notices of R4 [The Special Officer, Block Development Officer, Nagamangalam Village, Ariyalur Taluk, Ariyalur District] signed by R4 on 20.03.2025' (hereinafter 'impugned notices' for the sake of convenience and clarity) alleging encroachment in a waterbody and calling upon respective noticees to vacate within fifteen days.

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Page Nos.2/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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When the matter was first listed before this Court on

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26.06.2025, the following proceedings were made:

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'W.P.Nos.23003, 23007 and 23010 of 2025

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M.SUNDAR, J. and

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HEMANT CHANDANGOUDAR, J.

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(Order of the Court was made by M.SUNDAR, J.)

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Mr. S. Selvaraj, learned counsel on record for writ petitioners, seeks time to file an affidavit of writ petitioners undertaking to vacate within four months.

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2. We express no opinion at this juncture on the above but the matter will stand over by one week to enable the writ petitioners to bring on board an affidavit from writ petitioners, as aforesaid.

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3. List one week hence in the Admission Board, i.e., Motion List, under the cause list caption 'ADJOURNED ADMISSION'.

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4. List on 03.07.2025.'

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Today, in continuation of the aforementioned proceedings,

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Mr.S.Selvaraj, learned counsel for writ petitioner in all three captioned

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main WPs has filed three separate affidavits sworn to by each of the writ petitioners and scanned reproduction of the three affidavits are as follows:

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Page Nos.3/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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AFFIDAVIT OF UNDERTAKING IN W.P.No.23003 of 2025:

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Page Nos.4/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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Page Nos.5/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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Page Nos.6/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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AFFIDAVIT OF UNDERTAKING IN W.P.No.23007 of 2025:

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Page Nos.7/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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Page Nos.8/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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Page Nos.9/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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AFFIDAVIT OF UNDERTAKING IN W.P.No.23010 of 2025:

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Page Nos.10/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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Page Nos.11/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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The contents of the aforementioned affidavits dated

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03.07.2025 speak for themselves and therefore, we do not dilate on the same any further.

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Page Nos.12/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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Issue notice.

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Mr.T.K.Saravanan, learned Additional Government Pleader

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accepts notice for all four respondents and submits that he has been favoured with copies of aforementioned affidavits of the three writ petitioners which are affidavits of undertaking.

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Learned State counsel points out that the writ petitioners are not disputing encroachment.

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In the light of the narrative thus far, considering the facts of the case and the manner in which the writ petitioners are circumstanced, we deem it appropriate to record the aforementioned three affidavits of undertaking dated 03.07.2025 as undertaking given by the respective writ petitioners to this Court and give a closure to the captioned WPs.

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In the light of the aforementioned affidavits of undertaking being taken on file and recorded as undertaking given by the three writ petitioners to this Court, we make it clear that the impugned notices are not interfered with but the same will be kept in abeyance till 04.11.2025. This means that there shall be no coercive action in the

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Page Nos.13/15

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

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W.P.Nos.23003, 23007 and 23010 of 2025

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form of either dispossession or demolition qua writ petitioners as regards the subject mentioned properties till 04.11.2025. Axiomatically if the writ petitioners do not vacate by 04.11.2025 as per the affidavits of undertaking, impugned notices will get resuscitated and the same can be put into motion by State without further reference to this Court.

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11. Captioned three WPs are disposed of as closed in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petitions (WMPs) thereat become otiose and the same are disposed of as closed. There shall be no order as to costs.

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(M.S.,J.) (H.C.,J.) 03.07.2025

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Index : Yes / No Neutral Citation : Yes / No mmi

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To

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1.The District Collector, Ariyalur District, Ariyalur.

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