T.Arumugam Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

T.Arumugam Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether a writ of mandamus should issue directing official respondents 1 to 4 to forthwith remove the encroachments in the Government Poramboke (Salai Poramboke) land in Survey No.5/1, Iruppu Village, Vridhachalam Taluk, Cuddalore District, by considering and passing necessary orders on the petitioner's representation dated 10.10.2024. +2 more

Ratio / Principle

The submission of learned State counsel, on instructions, that RoE proceedings will be commenced against private respondents R5 and R6 under the Tamil Nadu Land Encroachment Act, 1905 within a fortnight, i.e., on or before 21.07.2025, is recorded as an undertaking given to the Court, and in the Court's considered view this suffices to give closure to the writ petition.

Key takeaways

All rights and contentions of R5 and R6 stand preserved; the proceedings under the 1905 Act which are in the anvil shall be continued and concluded on their own merits and in accordance with law, untrammelled by this order, as regards R5 and R6, and notice to them is dispensed with the consent of counsel.ratio¶40
When the purpose of the Tamil Nadu Land Encroachment Act, 1905 (eviction of encroachments on Government lands) and the machinery put in place to achieve it (show-cause under Section 7, order under Section 6, appeal under Section 10 to the District Collector, revision under Section 10-A, interim prayers under Section 10-B, all subject to judicial review) are tested on the touchstone of the Girnar principle, the Court's view is that the 1905 Act is clearly a self-contained Code providing complete machinery with no, or at the highest minimal, dependence on other legislations.obiter¶50

Detailed headnote1 paragraphs

Writ Petition (Article 226) - Writ of Mandamus - Removal of encroachment - Salai Poramboke land in Survey No.5/1, Iruppu Village, Vridhachalam Taluk, Cuddalore District - Petitioner, against whom RoE proceedings had been initiated under the Tamil Nadu Land Encroachment Act, 1905, alleged that he removed his own encroachment while private respondents R5 (G.Sivamani) and R6 (R.Anbarasan), also alleged encroachers, were spared despite his representation dated 10.10.2024 - Learned State counsel submitted on instructions that RoE proceedings will be commenced against R5 and R6 under the 1905 Act within a fortnight, on or before 21.07.2025; submission recorded as an undertaking to the Court and held sufficient for closure of the writ petition - Rights and contentions of R5 and R6 expressly preserved and proceedings under the 1905 Act to continue and conclude on their own merits, untrammelled by this order; notice to R5 and R6 dispensed with - Writ petition disposed of; no order as to costs - Obiter: Before concluding, the Court (M.Sundar, J.), following C.Gopinathan, 2025:MHC:1162, which itself respectfully followed the Constitution Bench declaration in Girnar Traders (3) vs. State of Maharashtra, (2011) 3 SCC 1, held that the Tamil Nadu Land Encroachment Act, 1905 is a self-contained Code - Its machinery comprises show-cause under Section 7, eviction order under Section 6, appeal under Section 10 (District Collector as appellate authority), further revision under Section 10-A and interim prayers under Section 10-B, with the revisional order subject to judicial review - Girnar principle: a statute providing complete machinery for its purpose, with absent or minimal dependence on other legislations, is a self-contained Code.