R.Prabhaharan Vs the State of Tamilnadu

Arulmighu Abaya Anjaneyar Temple Rep. By its Managing Trustee Sri Arutchelvam 245(1), Nanda House Thirumalai Nagar Sanniyasikundu Extension Salem – 636 015

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W.P.No.2668 of 2025

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Sri.V.Elango S/o.Venkatachalam

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Sri Sivasakthi S/o.Govindaraj .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing Respondents 5 and 6 to initiate appropriate action against 7th, 8th and 9th respondents for restoration of the road formed by the 5th respondent in Survey No.124/3D and Survey No.124/4F of Aanaikuttai, Thethigiripatti Village by removing the encroachments by initiating necessary action under Section 131(2) of Tamil Nadu Panchayath Act, 1994 based on petitioner's representations dated 15.05.2020, 04.08.2021 and reminders dated 02.12.24 and 26.12.2024.

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For Petitioner : Mr.K.Dhananjayan For Respondents : Mr.V.Ravi Special Government Pleader for R1, R2, R3, R4 and R6 Ms.V.Yamuna Devi Special Government Pleader for R5

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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 'Writ Petition' ['WP' for the sake of brevity] pertains to

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restoration of road formed by R5 (Block Development Officer, Mecheri

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W.P.No.2668 of 2025

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Panchayath Union, Salem District) in 'S.No.124/3D and 124/4F in

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Aanaikuttai hamlet in Thethigiripatti Panchayat, Mecheri Panchayat

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Union, Mettur Taluk, Salem District' [hereinafter 'said land' for the sake of convenience and clarity].

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Mr.K.Dhananjayan, learned counsel for writ petitioners submits

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that the writ petitioners are first cousin being sons of Thiru.R.Rajappan

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and Thiru.M.R.Gopalan, both sons of Thiru.Ramaswamy Gounder who

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died in 1978. Learned counsel submits that fathers of writ petitioners,

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who are siblings, partitioned properties post demise of grandfather Thiru.Ramaswamy Gounder and at the time of partition, said land was gifted to the local body for the purpose of a road but though originally a cement road was laid, there were encroachments subsequently and therefore, captioned main WP has become necessary. Learned counsel

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submits that private respondents (R7 to R9) are alleged encroachers.

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Issue notice to official respondents i.e., R1 to R5.

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W.P.No.2668 of 2025

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Mr.V.Ravi, learned Special Government Pleader accepts notice

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for R1 to R4 and R6 and Ms.V.Yamuna Devi, learned Special

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Government Pleader accepts notice for R5.

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Learned State counsel submit, on instructions, that necessary

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action is on the anvil and notice under Section 131(2) of 'the Tamil Nadu

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Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)' {hereinafter 'said

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Act' for the sake of brevity, convenience and clarity} is also on the anvil.

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This submission is recorded.

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Be that as it may, learned counsel for R1 to R4 and R6 submit

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that 'Executive Authority' within the meaning of Section 2(11) of said Act

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read with Section 83 of said Act is R5. This submission is also recorded.

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Learned State counsel submit that notice will be issued under Section

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131(2) of said Act and if there is non-compliance, said 1905 Act will be

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W.P.No.2668 of 2025

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resorted to. It is also submitted that this exercise will be commenced and concluded as expeditiously as the business of official respondents would

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permit but in any event within 18 weeks from today i.e., by 04.06.2025.

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Resorting to said 1905 Act would necessarily mean show-

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causing private respondents (R7 to R9) and/or any other

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encroacher/encroachers. This means that there is a safety valve qua

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private respondents. We make it clear that all the rights and contentions

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of private respondents are preserved for responding to Section 7 notice when show-caused. Therefore, as there is preservation of rights of

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private respondents, there is no impediment in taking up the main WP in Admission Board with the consent of learned State counsel and learned

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counsel for writ petitioner. We do so.

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W.P.No.2668 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

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every sense of the expression.

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Let the proceedings be commenced and concluded one way or

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the other within the aforementioned time frame i.e., on or before

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04.06.2025.

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W.P.No.2668 of 2025

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Captioned WP disposed of in the aforesaid manner. Consequently,

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captioned WMP thereat is also disposed of as closed. There shall be no

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order as to costs.

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

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29.01.2025

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Index: Yes/No

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Speaking order / Non-speaking order

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gpa

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P.S. I: Upload forthwith

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P.S.II : All concerned including Registry of Madras High Court to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded.

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P.S.III: Though captioned WP is disposed of, list under the cause list caption 'FOR REPORTING COMPLIANCE' on 11.06.2025.

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To

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