N.Dhanasekar Vs the District Collector

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records and quash the show cause notice vide Ka.No.56/Eva.A dated 10.06.2025 passed by the fifth respondent consequently direct the fifth respondent not to take any coercive steps against the petitioner's house building comprised in S.No.275/18 measuring an extent of 0.0074 Ares bearing Patta No.193 situated at Kannalam Village, Valathi, Melmalaiyanur Taluk, Villupuram District without conducting proper survey with the help of District Surveyor.

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For Petitioner : Mr.G.Saravanabhavan For Respondents : Mr.T.K.Saravanan, Additional Government Pleader for R1 to R5

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ORDER

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

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Subject matter of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is a 'land comprised in Survey No.275/19 in No.44, Kannalam Village, earlier Gingee Taluk (now Melmalaiyanur Taluk), South Arcot District' (hereinafter 'said land' for the sake of convenience and clarity).

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R6 [Mr.Ramalingam, S/o.Mr.Periyasamy] / private respondent before us had earlier filed a writ petition being W.P.No.11212 of 2025 Page Nos.2/11

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with a RoE (Removal of Encroachment) prayer qua said land. In this writ petition, writ petitioner herein has been arrayed as R6 and another Hon'ble Division Bench disposed of this W.P.No.11212 of 2025 in and by an order dated 24.04.2025 and a scanned reproduction of

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this order is as follows:

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Page Nos.3/11

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Page Nos.4/11

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Page Nos.5/11

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Thereafter, writ petitioner was visited with a 'notice captioned

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'Show Cause Notice' (SCN) from R5 (Assistant Divisional Engineers (Highways), SH-4, Gingee Villupuram Road, Gingee, Villupuram – 604 202) bearing reference Ka.No.56/Eva.A' which shall hereinafter be referred to as 'impugned notice' for the sake of convenience and clarity.

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Learned counsel for writ petitioner submits that the impugned notice though captioned Show Cause Notice is not happily worded, however, this is not the issue before us. Learned counsel submits that the writ petitioner/noticee has complied with the impugned notice and has removed the encroachment, which according to him, is a tin shed and concrete steps. Notwithstanding compliance, the writ petitioner is under threat of dispossession/demolition qua his construction in 'patta land being land comprised in Survey No.275/18' (hereinafter 'said patta land' for the sake of convenience and clarity) is learned counsel's further say.

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Issue notice to official respondents.

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

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accepts notice for R1 to R5. Learned State counsel submits that the

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Page Nos.6/11

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writ petitioner did comply qua impugned notice of R5 but it is not complete compliance, that some more superstructure inter-alia in the form of a wall remains to be removed is his say.

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Learned counsel for writ petitioner contends to the contrary and reiterates the submission captured supra. Learned counsel for writ petitioner adds that survey qua said land and said patta land had been conducted three times earlier, the writ petitioner was present on all three occasions but marking of the boundaries made pursuant to the survey was not correct. It is submitted that writ petitioner was not favoured with any survey report.

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In the light of aforereferred backdrop, we are of the considered view that the captioned WP can be disposed of by an order which does not impact the rights and contentions of private respondent/R6, on the contrary, all the rights and contentions of private respondent/R6 will remain preserved. In this view of the matter, we dispense with notice to R6 and take up the main WP with the consent of learned counsel for writ petitioner and learned State counsel.

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Page Nos.7/11

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In the light of the narrative thus far, the following order is

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made:

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9.1 Impugned notice is neither dislodged nor

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sustained but the same being translated into action at ground will depend on survey to ensue about which there will be allusion infra;

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9.2 R2, with the aid and assistance of jurisdictional surveyor and supervision of R1, shall now conduct survey after putting on notice the writ petitioner, R6 and/or any other person concerned with the matter;

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9.3 All such persons put on notice shall be entitled to be present throughout the survey without disrupting the proceedings. To be noted, this survey will be as regards said land (Survey No.275/19) as well as said patta land (Survey No.275/18);

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9.4 R2 shall draw up a survey report clearly demarcating said land, said patta land and also mentioning whether there is any encroachment in said land. This report shall be placed before R1 for approval;

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9.5 Post approval of R1, the survey report to be drawn up by R2 in the aforesaid manner shall be furnished to the writ petitioner within seven working days from the date of approval by R1;

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9.6 All rights and contentions of the writ petitioner,

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R6 and any other person concerned qua survey report will stand preserved;

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9.7 If encroachment in said land is found in the survey report, the impugned notice will be implemented. Until then, coercive action (if any and if that be so) qua said land qua writ petitioner will be put on hold.

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Captioned WP is disposed of in the aforesaid manner. In the

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light of our order qua coercive action, captioned Writ Miscellaneous Petition (WMP) has become otiose and the same is disposed of as closed. There shall be no order as to costs.

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(M.S.,J.) (H.C.J.) 10.07.2025

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

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To

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