K.Ganesan Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

K.Ganesan Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Time-bound disposal effectuated through the Court recording the State counsel's undertaking that R1 will pass final orders on the statutory appeals on or before 01.04.2025; coercive action made subject to R1's orders on those appeals; petitions and WMPs disposed without formal mandamus, no order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing the first respondent (District Collector, Chengalpattu) to dispose of the petitioners' statutory appeals dated 10.01.2025 filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, within a time frame.

Ratio / Principle

Recorded the Special Government Pleader's submission (on instructions) that R1 is hearing out the main statutory appeals and that final orders will be passed as expeditiously as the business of R1 permits, in any event within six weeks, i.e. on or before 01.04.2025.

Key takeaways

Made clear that any coercive action, if any and if at all, shall be subject to and dependent on R1's orders on the writ petitioners' statutory appeals dated 10.01.2025 filed under Section 10 of said 1905 Act.ratio¶33
Captioned main WPs and WMPs disposed of by recording the stated position of the learned State counsel; no order as to costs.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (order made by M. Sundar J.; bench included K. Govindarajan Thilakavadi J.), by common order dated 18.02.2025, disposed of three Article 226 writ petitions (W.P. Nos.5064, 5071 and 5082 of 2025, with W.M.P. Nos.5617, 5627 and 5645 of 2025) in which K. Ganesan, G. Sivarekha and K. Kanniappan sought a mandamus compelling the District Collector, Chengalpattu (first respondent), to decide their statutory appeals dated 10.01.2025 filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, within a time frame; companion stay petitions lay under Section 10-B of that Act. Recording the Special Government Pleader's on-instructions submission that the appeals were being heard and final orders would follow as expeditiously as business permitted, in any event within six weeks i.e. on or before 01.04.2025, the Court treated that position as sufficient closure, clarified that any coercive action would depend on the first respondent's orders on the appeals, and disposed of the petitions and motions without costs.

W.P. Nos.5064, 5071 and 5082 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI

W.P. Nos.5064, 5071 and 5082 of 2025 and

W.M.P. Nos.5617, 5627 and 5645 of 2025

K. Ganesan Petitioner in WP No.5064 of 2025 G. Sivarekha Petitioner in WP No.5071 of 2025 K. Kanniappan Petitioner in WP No.5082 of 2025

vs.

The District Collector Chengalpattu District Chengalpattu

The Tahsildar/Authorised Officer Tambaram Taluk Cuddalore District Respondents in both WPs

Writ Petitions filed under Article 226 of the Constitution of India

seeking a writ of mandamus directing the first respondent to dispose the petitioners' appeals dated 10.01.2025 filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, within a time frame.

Page Nos.1/6

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

W.P. Nos.5064, 5071 and 5082 of 2025

For petitioner in all WPs Mr. S.V. Karthikeyan For respondents Mr. V. Ravi in all WPs Special Government Pleader

COMMON ORDER

[made by M.SUNDAR, J.]

Captioned main 'writ petitions' (hereinafter 'WPs' for the sake of brevity) have been filed for a mandamus prayer qua statutory appeals under Section 10-A of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act') filed by the writ petitioners.

2. To be noted, captioned main WPs in the Admission Board are listed under cause list caption 'FOR DISMISSAL' as there was no representation for the writ petitioners yesterday (17.02.2025). Mr.S.V.Karthikeyan, learned counsel for writ petitioners, expresses regret and tenders apology for missing the matter yesterday. This apology is accepted.

Page Nos.2/6

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

W.P. Nos.5064, 5071 and 5082 of 2025

3. Learned counsel for writ petitioners submits that date of presentation of captioned WPs is 23.01.2025 and date of filing is 12.02.2025. Post presentation of captioned main WPs, a hearing was held by R1 (District Collector) in the statutory appeals filed by writ petitioners but stay petitions under Section 10-B are pending, is learned counsel's say. To be noted, the statutory appeals under Section 10 and the stay petitions under Section 10-B of said 1905 Act are dated 10.01.2025.

4. Issue notice to respondents.

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

notice for both respondents and submits, on instructions, that the main statutory appeals are being heard out by R1 and that final orders on the same will be passed as expeditiously as the business of R1 permits but in any event within six weeks from today i.e., on or before 01.04.2025. This submission is recorded.

Page Nos.3/6

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

W.P. Nos.5064, 5071 and 5082 of 2025

6. As the writ petitioners have filed separate stay petitions,

though obvious, it is made clear that coercive action, if any and if at all that be so, shall be subject to and depending on orders of R1 on the statutory appeals of the writ petitioners being statutory appeals dated 10.01.2025 filed under Section 10 of said 1905 Act.

7. The stated position of the learned State counsel, as recorded, is good enough to give a closure to the captioned main WPs and the captioned writ miscellaneous petitions (hereinafter 'WMPs' for the sake of brevity) thereat.

8. Therefore, captioned main WPs and captioned WMPs

thereat are disposed of by recording the stated position of the learned State counsel. There shall be no order as to costs.

(M.S., J.) (K.G.T., J.) 18.02.2025

cad Index : Yes/No NC : Yes/No

Page Nos.4/6

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

W.P. Nos.5064, 5071 and 5082 of 2025

To:

The District Collector Chengalpattu District Chengalpattu

The Tahsildar/Authorised Officer Tambaram Taluk Cuddalore District

Page Nos.5/6

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

W.P. Nos.5064, 5071 and 5082 of 2025

M.SUNDAR, J. and K. GOVINDARAJAN THILAKAVADI, J.

cad

Common order in W.P. Nos.5064, 5071 and 5082 of 2025

18.02.2025

Page Nos.6/6

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