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Santhanaraj v. the Principal Secretary to the Government

Madras HC3 Jan 2025WP/39918/2024

Case brief

AI extract

What is this about?

Writ of mandamus; interim protection against encroachment eviction; Tamil Nadu Land Encroachment Act 1905; Section 10-B stay petition; status quo direction pending statutory revision; coercive steps restrained; Nagapattinam District Collector proceedings Na.Ka.3719/2024/Uo4 dated 05.11.2024; revision dated 22.11.2024 before Principal Secretary Revenue and Disaster Management; time-bound disposal of stay petition on or before 24.01.2025; dispossession threat; admission board disposal; no costs.

What did the court decide?

Captioned writ petition disposed of with status quo as of today to be maintained till disposal of the stay petition under Section 10-B of the 1905 Act pending before R1; R1 to dispose of the stay petition on or before 24.01.2025; no order as to costs. ¶42

Santhanaraj Vs the Principal Secretary to the… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be restrained from taking coercive steps pursuant to the proceedings dated 05.11.2024 under the Tamil Nadu Land Encroachment Act, 1905 until disposal of the revision dated 22.11.2024 and the stay petition thereunder pending before the 1st respondent.

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Court's answer

As the stay petition under Section 10-B of the 1905 Act filed along with the statutory revision is pending with R1, any further action will be subject to / depending on the outcome of the stay petition; status quo as of today will be maintained till its disposal.

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Ratio / Principle

The first respondent is to dispose of the stay petition as expeditiously as its business permits and in any event within three weeks, i.e., on or before 24.01.2025; the submission of learned State Counsel to this effect is recorded.

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Key takeaways

It is open to R1 to take up the main statutory revision also within three weeks if its official business permits such a course; this is expressly left at the discretion of R1 and its official business.obiter¶36

Detailed headnote1 paragraphs

Madras High Court (M. Sundar J. authoring for the Division Bench) disposed of a writ petition under Article 226 seeking a mandamus to restrain coercive steps pursuant to proceedings Na.Ka.3719/2024/Uo4 dated 05.11.2024 of the District Collector, Nagapattinam, under the Tamil Nadu Land Encroachment Act, 1905. Noting that a statutory revision dated 22.11.2024 with a stay petition under Section 10-B of the 1905 Act was pending before the Principal Secretary, Revenue Department (R1), the Court directed that status quo as of today be maintained till disposal of the stay petition, recorded the State Counsel's submission that the stay petition would be disposed of on or before 24.01.2025, and observed that R1 could, at its discretion, take up the main revision within three weeks. No costs.

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W.P.No.39918 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.01.2025

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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.39918 of 2024

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Santhanaraj S/o.Francis

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... Petitioner

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Vs.

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The Principal Secretary to the Government Department of Revenue and Disaster Management Secretariat, St.George Fort Chennai-600 005.

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The District Collector O/o. District Collector Nagapattinam District.

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The Thasildhar O/o.Kilaiyur Thasildhar Nagapattinam District. ... 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 to directing the respondents or his agents, men not to take any coercive steps as per the proceedings vide Na.Ka.3719/2024/Uo4 dated 05.11.2024 passed by the 2nd respondent

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Page Nos.1/5

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

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W.P.No.39918 of 2024

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under the Tamil Nadu Land Encroachment Act, 1905 until disposal of the revision dated 22.11.2024 pending before the 1st respondent.

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For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.T.K.Saravanan Government Advocate

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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' {hereinafter 'WP' for the sake of brevity} has been filed with a mandamus prayer qua proceedings under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}.

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Mr.P.Muthamizh Selvakumar, learned counsel on record for writ

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petitioner submits that proceedings under said 1905 Act was initiated and as of today, a revision dated 22.11.2024 (revision along stay petition under Section 10-B of said 1905 Act) is pending. Learned counsel further

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submits that pending statutory revision and stay petition thereat, writ petitioner is under pain of dispossession and that has necessitated filing of the captioned writ petition.

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Issue notice to respondents.

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Page Nos.2/5

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

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W.P.No.39918 of 2024

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Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents.

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Considering the limited scope of the captioned WP, main WP was

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taken up in the Admission Board with the consent of both sides.

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Learned State Counsel submits that stay petition pending with R1

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will be disposed of as expeditiously as the business of R1 permits but in any event within three weeks from today i.e., on or before 24.01.2025. This submission of learned State Counsel is recorded.

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In the light of the narrative thus far, we deem it appropriate to write

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that it is open to R1 to take up the main statutory revision also within three weeks, if the official business of R1 permits such a course. However, we make it clear that it is at the discretion of R1 and his official business.

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As the stay petition in a statutory revision (stay petition under Section 10-B of said 1905 Act) is pending, it is only appropriate that any further action will be subject to / depending on the outcome of stay petition. In other words, status quo as of today will be maintained till the disposal of stay petition under Section 10-B of said 1905 Act being stay petition filed along with statutory revision now pending with R1.

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Page Nos.3/5

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

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W.P.No.39918 of 2024

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