Vaisakthi Bio 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 of the impugned order passed by the 1st respondent in Page Nos.1/8

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

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W.P.No.367 of 2025

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Na.Ka.No.A5/305070/2022 dated 13.12.2024 and quash the same and consequently, direct the 1st respondent either to grant long term tenure for the property situate bearing Survey No.210/2 in Marakkanam Village, Villupuram District or for exchange of land.

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For Petitioner : Ms.C.N.Prarthana For Respondents : Mr.T.K.Saravanan 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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Captioned main 'Writ Petition' {'WP'} has been filed with a certiorarified mandamus prayer qua an 'order dated 13.12.2024 bearing reference Na.Ka.No.A5/305070/2022 made by R1 [the District Collector, Villupuram District]' {hereinafter 'impugned order' for the sake of brevity, convenience and clarity}.

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To be noted, impugned order has been made by R1 in a statutory appeal under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of

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Page Nos.2/8

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brevity}. It is also to be noted that captioned WP pertains to encroachment in 'S.No.872/2 admeasuring 00850 sq.m or thereabouts (210/2 as per UDR) in Marakkanam North Village in Marakkanam Taluk, Villupuram District' {hereinafter 'said land' for the sake of brevity}.

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The subject matter of the captioned WP is that the writ petitioner company has encroached upon said land. After being show caused under Section 7 of said 1905 Act followed by an order under Section 6 of said 1905 Act, writ petitioner company filed a statutory appeal assailing Section 6 order. In the statutory appeal, impugned order came to be made by R1 as already alluded to supra.

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Ms.C.N.Prarthana, learned counsel on record for writ petitioner

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company submits that impugned order does not set out dispositive reasoning.

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Issue notice to official respondents.

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Page Nos.3/8

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W.P.No.367 of 2025

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Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 and R2.

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Mr.T.K.Saravanan, learned State Counsel draws our attention to the

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stand of writ petitioner company which has been captured in the impugned order itself and relevant paragraph reads as follows:

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'itrhfp gnah kiud; gpiuntl; ypkpl; nkyhsh jpU/rpw;wuR j/bg epj;jpad; vd;gth; 12/08/2024 mdW; khtll Ml; ;rpah; mthfspd; ; tprhuizfF M$uhfp; fPHf; fz; lthW thf; ;FK:yk; mspj;jJsshh; ;/

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kuf;fhuzk; tl;lk;. ifg;ghzpf; Fg;gk; fpuhkj;jpy; Rkhh; 20 Mz;Lfhykhf jdJ ,why; bghwpg;gfk; ,a';fp tUfpwJ vd;Wk;. j';fs; epWtdj;jpy; muRf;F brhe;jkhd g[y vz;/210-2y; 0/21 brz;l; epyk; cs;sJ vd;Wk;. me;j epyj;jpy; j';fs; epWtdj;jpd; eilghij cs;sJ vd;Wk;. me;j epyk; Rw;wp j';fs; epWtdj;jpw;F brhe;jkhd epyj;jpy; Muk;gpj;J mjpy; KOtilfpwJ vd;Wk;. ,e;j Mf;fpukpg;gpid mfw;wpdhy; j';fSf;F bghpa bghUl; bryt[k; kw;Wk; bghpa ,Hg;g[ Vw;gLk; vd;Wk;. mJ kl;Lk; ,y;yhky; Rkhh; 200 nghh; ,';F gzp bra;fpwhh;fs; vd;Wk;. vdnt Mf;fpukpg;g[ mfw;Wk; eltof;ifia jw;nghJ epWj;jp itf;FkhW jdJ thf;FK:yj;jpy; bjhptpj;Js;shh;'/

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Page Nos.4/8

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W.P.No.367 of 2025

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Adverting to the above paragraph, learned State Counsel submits that writ petitioner company has admitted the encroachment and therefore, the impugned order has been made inter alia on that basis. This by itself puts an end to the dispositive reasoning point.

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Learned counsel for writ petitioner submitted that writ petitioner company has given a representation dated 18.10.2022 inter alia seeking lease of said land. Learned counsel emphasized that the writ petitioner company is ready to pay lease amount. Learned counsel drew our attention to proceedings of R2 being proceedings dated 12.04.2024 bearing reference Na.Ka.A2/2025/2022, wherein recommendation for lease has been made.

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We carefully considered the points and we are of the considered

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view that the captioned main WP deserves to be dismissed. The reasons are as follows:

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(i) The entire proceedings are pursuant to an earlier

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judicial order being order dated 19.12.2023 made in W.P.No.34619 of 2023 by another Hon'ble Division Bench;

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Page Nos.5/8

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(ii) As regards the request of writ petitioner company to

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grant lease inter alia vide representation dated 18.10.2022, the

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impugned order itself makes it clear that it is open to the Government to pass orders on the same and the impugned order only says that further encroachment shall not be made qua said land pending request for lease. Therefore, the argument that request for lease has been recommended by R2 and that the same is pending becomes a non-starter;

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(iii) As already alluded to supra, writ petitioner company itself has admitted encroachment (to be noted, relevant paragraph as captured in the impugned order has been extracted and set out supra);

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(iv) As regards the request of writ petitioner company

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for grant of lease, no legal right has been pointed out.

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In the light of the narrative, discussion and dispositive reasoning

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set out supra, it follows as a sequitur that certiorari limb of the captioned main WP fails and the same is dismissed. Consequential mandamus prayer

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Page Nos.6/8

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therefore, pales into insignificance. In any event, as regards mandamus limb prayer, impugned order itself makes it clear that it is open to the Government to pass orders on the writ petitioner company request for lease.

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Ergo, the sum sequitur is, captioned main WP is dismissed. Consequently, captioned 'Writ Miscellaneous Petition' {'WMP'} thereat perishes with the captioned WP. This means that the captioned WMP is also dismissed. 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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mk

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To

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