Disposed

K.Ramani v. the District Collector

Madras HC7 Jan 2025WP/34972/2024

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition filed by an alleged land encroacher challenging eviction without prior notice. The Court held that the specific show cause mechanism under Act XXX of 1905 addresses the grievance and treated the writ petition as closed.

What did the court decide?

Writ petition disposed of as closed with no order as to costs upon acceptance of the position that show cause proceedings address the grievance.

K.Ramani Vs the District Collector — Landlord and Tenant | Madras HC (2025)

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W.P.No.34972 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.34972 of 2024

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K.Ramani W/o.Dhanapal

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... Petitioner

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Vs.

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The District Collector Collectorate, Tiruppur.

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The Tahsildar Dharapuram Taluk Dharapuram - 638 656.

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Aruldoss S/o.Rajamanickam

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K.Rajendran S/o.Koil Pillai ... Respondents

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Prayer :

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Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 2 to issue notice to the petitioner before evicting the petitioner from the premises

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Page Nos.1/6

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

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W.P.No.34972 of 2024

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No.47, Ambedkar Street, Chitharavuthanpalayam, Alangiyur Road, Dharapuram - 638 656, Tiruppur District which is situate at S.F.No.204, Chitharavuthanpalayam Village, Dharapuram Taluk, Tiruppur District in Government Poramboke land.

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For Petitioner : Ms.R.Pushpalatha For Respondents : Mr.M.S.Arasakumar Government Advocate for R1 and R2

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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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This order will now dispose of the captioned main 'Writ Petition'

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{'WP' for the sake of brevity}.

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This order has to be read in conjunction with and in continuation of

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earlier proceedings made in the previous listing on 17.12.2024 which reads

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as follows:

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'W.P. No.34972 of 2024

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M. SUNDAR, J.

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and

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K. RAJASEKAR, J.

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Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 26.11.2024 and 03.12.2024 which read as follows:

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Page Nos.2/6

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

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W.P.No.34972 of 2024

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Proceedings dated 26.11.2024:

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'W.P.No.34972 of 2024 M.SUNDAR, J., and

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K.RAJASEKAR, J.,

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

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Mr.C.Deivasigamani, learned counsel on record for writ petitioner, adverting to an order dated 05.03.2024 made in W.P.No.15503 of 2016 submits that a notice has to be issued before evicting the writ petitioner from 'No.47, Ambedkar Street Chitharavuthanpalayam, Alangiyur Road, Dharapuram - 638 656, Tiruppur District which is situate in S.F.No.204' {hereinafter 'said property' for the sake of brevity}.

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2. Issue notice to official respondents i.e., R1 & R2.

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3. Mr.T.K.Saravanan, learned Government Advocate accepts notice for official respondents i.e., R1 & R2. Learned State Counsel requests for a short accommodation to get instructions and revert to this Court. Request acceded to.

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List one week hence in the Admission Board i.e., Motion List. List on 03.12.2024.' Proceedings dated 03.12.2024:

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'W.P.No.34972 of 2024

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M.SUNDAR, J., and

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

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Adverting to 26.11.2024 proceedings, learned State Counsel requests for further time. Request acceded to.

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Page Nos.3/6

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

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W.P.No.34972 of 2024

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List a fortnight hence in the Admission Board i.e., Motion List. List on 17.12.2024.'

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2. Adverting to the aforereferred two proceedings, learned State counsel requests for further time. Request acceded to.

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3. List under the same cause list caption in the Admission Board i.e., Motion List, three weeks hence.

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4. List on 07.01.2025.'

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Adverting to the aforesaid earlier proceedings, learned State

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Counsel submits that writ petitioner will be show caused vide Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. This submission is recorded.

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This Court has repeatedly held that 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' which is being referred to as 'said 1905 Act' is a self 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

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Page Nos.4/6

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

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W.P.No.34972 of 2024

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Government under Section 10-A [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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Notwithstanding very many averments and grounds raised in the writ support affidavit, lone grievance of writ petitioner i.e., grievance that writ petitioner has to be show caused now stands addressed.

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Therefore, we dispose of captioned WP as closed albeit recording the

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stated position of learned State Counsel. There shall be no order as to costs.

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(M.S.,J.) (K.R.S.,J.) 07.01.2025

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Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order

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The District Collector Collectorate, Tiruppur.

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The Tahsildar Dharapuram Taluk Dharapuram - 638 656.

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Page Nos.5/6

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

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W.P.No.34972 of 2024

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

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W.P.No.34972 of 2024

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07.01.2025

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Page Nos.6/6

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

K.Ramani v. the District Collector

Case brief

What is this about?

What did the court decide?

K.Ramani v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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