Rosiammal v. the Assistant Engineer
Case brief
What is this about?
Encroachment/eviction — Sarkar Poramboke, Survey Nos.43 & 69, Arakkonam Town, Ranipet District — notices dated 06.07.2022 and 15.11.2024 — Tanks Act (Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007) and Tamil Nadu Land Encroachment Act, 1905 — second-round challenge to orders dated 06.01.2025 of Assistant Engineer, WRD — quashed solely for non-consideration of Tahsildar (May 2024) and RDO (September 2024, Na.Ka.Aa.1/2014/2024) reports recommending sub-division and patta despite reference in objections dated 23.12.2024 — T.K.Shanmugam (FB) 2015 (5) LW 397 natural-justice procedure applied — District Collector to decide reports by 04.02.2025; fresh orders by 04.03.2025 — patta/regularisation left open — certiorarified mandamus — Madras High Court, 21.01.2025.
What did the court decide?
The 11 impugned orders dated 06.01.2025 were set aside solely for non-consideration of the two Revenue reports; R2 directed to decide on the reports on or before 04.02.2025 and communicate the decision to R1; R1 to either conclude or pass fresh orders on or before 04.03.2025; merits of the objections and the patta question left open for de novo consideration; interim order dated 10.01.2025 declared otiose; WMPs closed; no order as to costs.