M.Suresh Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

M.Suresh Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No mandamus issued; writ petition disposed of recording the State counsel's statement that the statutory appeal will be disposed of on or before 03.02.2025, with all rights and contentions preserved, the appeal to be decided on merits untrammelled by the Court's observations, and no order as to costs.

Issue for consideration

Whether a Writ of Mandamus should issue directing respondents 1 to 3 to remove the alleged illegal encroachment made by respondents 4 and 5 in the cart track public road comprised in S.F. No.286/5, Dinnapatti Village, Mettur Taluk, by considering the petitioner's representation dated 05.10.2020. +1 more

Court's answer

Any further proceedings shall be subject to and depending on the outcome of the pending statutory appeal.

Ratio / Principle

Recording the stated position of learned State counsel that the first respondent will dispose of the pending statutory appeal (pertaining to S.F.No.286/5, reference Na.Ka.No.2597230/2024/K2) as expeditiously as his business permits and in any event within four weeks, i.e., on or before 03.02.2025, the captioned writ petition is disposed of; there shall be no order as to costs.

Key takeaways

All rights and contentions of all parties to the writ petition stand preserved; the first respondent shall decide the pending statutory appeal on its own merits, on the basis of documents and records before him and in accordance with law, untrammelled by any observation in this order; the Court expressly did not express any view or opinion on the merits of the matter.ratio¶34
Reiterating this Court's repeated holdings, the Tamil Nadu Land Encroachment Act, 1905 is a self-contained Code: the alleged encroacher is shown cause under Section 7 followed by an order (considering the cause shown) under Section 6; the Section 6 order is appealable under Section 10 with the District Collector as appellate authority; there is further revision to the Government under Section 10-A (Section 10-A(3) to be precise); and pending appeal/revision there is provision for an interim prayer vide Section 10-B.obiter¶39

Detailed headnote1 paragraphs

High Court of Judicature at Madras (M. Sundar and K. Rajasekar, JJ.; order by M. Sundar, J.), 06.01.2025, disposed of W.P.No.6139 of 2021 (M. Suresh v. District Collector, Salem and others), a mandamus petition under Article 226 seeking removal of an alleged encroachment by respondents 4 (E. Ramasamy) and 5 (Santhi) on a cart track public road comprised in S.F. No.286/5, Dinnapatti Village, Mettur Taluk, Kolathur Sub-registration District, Salem District, pursuant to the petitioner's representation dated 05.10.2020. A statutory appeal by the fifth respondent under Section 10 of The Tamil Nadu Land Encroachment Act, 1905 was pending before the District Collector, Salem (reference Na.Ka.No.2597230/2024/K2). The learned Government Advocate (Mr. T.K. Saravanan) stated the appeal would be disposed of as expeditiously as business permitted and in any event within four weeks, i.e., on or before 03.02.2025. The Court disposed of the petition recording that stated position, preserving all rights and contentions, directing the District Collector to decide the appeal on its own merits in accordance with law untrammelled by any observation, and making further proceedings subject to the outcome of the appeal, expressly without expressing any view on the merits; no order as to costs. The Court reiterated that the 1905 Act is a self-contained Code, citing the show-cause under Section 7, order under Section 6, appeal under Section 10 to the District Collector, revision to the Government under Section 10-A(3), and interim prayer under Section 10-B.

W.P.No.6139 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

W.P.No.6139 of 2021

M.Suresh

... Petitioner

Vs.

1.The District Collector, Salem, Salem District.

2.The Tasildar, Mettur Taluk, Salem District.

3.The Village Administrative Officer, Pannvadi Post, Mettur Taluk, Salem District.

4.E.Ramasamy

5.Santhi

6.The Block Development Officer, Kolathur Panchayat Union, Kolathur, Mettur Taluk, Salem District.

... Respondents

(R6 impleaded vide order dated

18.03.2021 made in W.M.P.No.7654 of 2021 in W.P.No.6139 of 2021)

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W.P.No.6139 of 2021

Writ Petition filed under Article 226 of The Constitution of India

praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to remove the illegal encroachment made by respondents 4 and 5 in cart track public road comprised in S.F. No.286/5, Dinnapatti Village, Mettur Taluk, Kolathur Sub-registration District and Salem District by considering the petitioner's representation dated 05.10.2020.

For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.T.K.Saravanan, Government Advocate for R1 to R3 and R6 Mr.S.Karthikei Balan for R4 & R5

ORDER

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

This order will now dispose of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity).

It is submitted that a statutory appeal is filed by R5 [Ms.Santhi, W/o.Mr.Ramasamy] being 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 brevity} is pending before R1 [District Collector, Salem District].

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W.P.No.6139 of 2021

Mr.T.K.Saravanan, learned State counsel submits that R1 will dispose of the aforementioned statutory appeal [to be noted, statutory appeal pertains to S.F.No.286/5, Dinnapatti Village, Mettur Taluk, Salem District - reference being Na.Ka.No.2597230/2024/K2] will be disposed of as expeditiously as the business of R1 would permit but in any event within four weeks from today i.e., on or before 03.02.2025.

We make it clear that all the rights and contentions of all the parties to the captioned main WP stand preserved and R1 shall decide the aforementioned appeal on its own merits, on the basis of documents and records before R1 and in accordance with law untrammelled by any observation in this order. For the sake of abundant specificity, we make it clear that we have not expressed any view or opinion on the merits of the matter.

This Court has repeatedly held that said 1905 Act is a selfcontained Code. The reason inter-alia is that there is a provision to have the alleged encroacher show caused under Section 7 of said 1905

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W.P.No.6139 of 2021

Act 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 [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.

Though obvious, we make it clear that any further proceedings shall be subject to/depending on the outcome of the appeal.

Captioned WP is disposed of, recording the stated position of

learned State counsel albeit with aforementioned observation. There shall be no order as to costs.

Index : Yes / No Neutral Citation : Yes / No

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W.P.No.6139 of 2021

mmi

To

1.The District Collector, Salem, Salem District.

2.The Tasildar, Mettur Taluk, Salem District.

3.The Village Administrative Officer, Pannvadi Post, Mettur Taluk, Salem District.

4.The Block Development Officer, Kolathur Panchayat Union, Kolathur, Mettur Taluk, Salem District.

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W.P.No.6139 of 2021

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

mmi

W.P.No.6139 of 2021

06.01.2025

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