Madras High Court
Unknown vs The District Collector on 2 August, 2023
W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
W.P.No.11968 of 2023:
1.R.A.V. Kovil Annayya Charities,
rep. by its Managing Trustee C.Narasimha Swamy,
No.8/7, Sivaji Street,
T.Nagar, Chennai-600 017.
2.Selvem Stores,
rep. by its Proprietor S.Arasu Kumar,
637, Trunk Road, Poonamallee,
Tiruvallur-600 056.
3.S.R.Cell City,
rep. by its Proprietor Saravana Rajan,
630, Trunk Road, Poonamallee,
Tiruvallur-600 056.
4.Jai Cell World,
rep. by its Proprietor Mahaveer Kumar Jain,
631, Trunk Road, Poonamallee,
Tiruvallur-600 056.
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W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
5.Kaleem Jewelers,
rep. by its Proprietor Hayath Basha,
633, Trunk Road, Poonamallee,
Tiruvallur-600 056.
6.S.M.Jewelry,
rep. by its Proprietor Hayath Basha,
634, Trunk Road, Poonamallee,
Tiruvallur-600 056.
7.Sri Selvaganapathy Store,
rep. by its Proprietor T.Thangadurai,
646, Trunk Road, Poonamallee,
Tiruvallur-600 056. .. Petitioners
Vs
1.The District Collector,
Collectorate Office,
Tiruvallur – 602 001.
2.The Revenue Inspector,
Taluk Office, Poonamallee,
Tiruvallur – 600 056.
3.The Tahsildar,
Taluk Office, Poonamallee,
Tiruvallur – 600 056. .. Respondents
W.M.P.No.19318 of 2023 in W.P.No.11968 of 2023:
M/s.Chennai Metro Rail Limited,
rep. by the Chief General Manager (Legal),
at “MetroS”, No.327, Anna Salai,
Nandanam, Chennai-600 035. .. Petitioner/
Proposed 4th
Respondent
Vs
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W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
1.R.A.V. Kovil Annayya Charities,
rep. by its Managing Trustee C.Narasimha Swamy,
No.8/7, Sivaji Street,
T.Nagar, Chennai-600 017.
2.Selvem Stores,
rep. by its Proprietor S.Arasu Kumar,
637, Trunk Road, Poonamallee,
Tiruvallur-600 056.
3.S.R.Cell City,
rep. by its Proprietor Saravana Rajan,
630, Trunk Road, Poonamallee,
Tiruvallur-600 056.
4.Jai Cell World,
rep. by its Proprietor Mahaveer Kumar Jain,
631, Trunk Road, Poonamallee,
Tiruvallur-600 056.
5.Kaleem Jewelers,
rep. by its Proprietor Hayath Basha,
633, Trunk Road, Poonamallee,
Tiruvallur-600 056.
6.S.M.Jewelry,
rep. by its Proprietor Hayath Basha,
634, Trunk Road, Poonamallee,
Tiruvallur-600 056.
7.Sri Selvaganapathy Store,
rep. by its Proprietor T.Thangadurai,
646, Trunk Road, Poonamallee,
Tiruvallur-600 056.
8.The District Collector,
Collectorate Office,
Tiruvallur – 602 001.
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W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
9.The Revenue Inspector,
Taluk Office, Poonamallee,
Tiruvallur – 600 056.
10.The Tahsildar,
Taluk Office, Poonamallee,
Tiruvallur – 600 056. .. Respondents/
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of certiorarified mandamus calling for the
records on the file of the second respondent in proceedings 'NIL' dated
15.03.2023 pertaining to S.No.1382/2, Pasali 1432, Poonamallee
Village, Tiruvallur District and quash the same as illegal, incompetent
and without jurisdiction and further forbearing the respondents from
interfering with the possession of the first petitioner with respect the
property in S.No.1382/2, Pasali 1432, Poonamallee Village, Tiruvallur
District.
W.M.P.No.19318 of 2023 filed to implead the petitioner as a party
respondent in W.P.No.11968 of 2023.
For the Petitioners : Mr.V.Raghavachari
in W.P.No.11968/2023 Senior Counsel
for M/s.V.Srimathi
For the Respondents : Mr.P.Muthukumar
in W.P.No.11968/2023 State Government Pleader
For the Petitioner : Mr.P.S.Raman
in WMP.No.19318/2023 Senior Counsel
for Mrs.Rita Chandrasekar
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W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
Heard Mr.V.Raghavachari, learned Senior Counsel appearing
for the writ petitioners; Mr.P.Muthukumar, learned State
Government Pleader for the respondents and also Mr.P.S.Raman,
learned Senior Counsel for the impleading petitioner/Chennai Metro
Rail Limited (CMRL) in W.M.P.No.19318 of 2023.
2. The writ petitioners are challenging the notices issued
under Section 7 of the Tamil Nadu Land Encroachment Act, 1905
(for short, “the Land Encroachment Act”).
3. Learned Senior Counsel for the petitioners submits that the
respondent authorities could not have invoked the provisions of the
Land Encroachment Act, in view of the fact that the land in question
is a grama natham land and it absolutely belongs to the first
petitioner Trust. The first petitioner Trust leased the said land to
petitioner Nos.2 to 7. In case of grama natham land, the provisions
of the Land Encroachment Act cannot be invoked. According to
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W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
learned Senior Counsel, the issue is no longer res integra and is
covered by various judgments of the Division Bench of this Court.
Reference is made to the judgment dated 14.03.2023 in
W.P.No.31688 of 2022 (A.Sacratice and others v. The District
Collector, Thiruvallur District and others).
4. The petitioners are only issued with notices under Section 7
of the Land Encroachment Act. The contention of the Government
is otherwise. The petitioners have every opportunity to file reply to
the notices issued under Section 7 of the Land Encroachment Act
and raise all possible defences available to them. Naturally, the
defences raised by the petitioners are required to be considered by
the authority before proceeding under Section 6 of the Land
Encroachment Act.
5. It is submitted by learned Senior Counsel appearing for the
intervenor/CMRL that the intervenor is ready to pay compensation
to the first petitioner for the superstructure, as the same is required
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W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
for CMRL. However, learned Senior Counsel submits that as far as
the land is concerned, it belongs to the State Government. As
such, the compensation for land is not payable to the first
petitioner.
6. We are not required to consider the said aspect.
7. Learned Senior Counsel for the petitioners submits that the
property is not of the Government. Learned Senior Counsel submits
that the moment order under Section 6 of the Land Encroachment
Act is passed, in the facts of the present case as the intervenor is
also pressing hard, no opportunity would be given to the
petitioners.
8. As observed above, the impugned notices are only show
cause notices soliciting explanation from the petitioners. The
petitioners may give explanation. The respondent authorities shall
consider the objection raised by the petitioners, including the
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W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
objection of the jurisdiction and the authority to invoke the
provisions of the Land Encroachment Act, and shall take decision on
its own merits. The petitioners shall file their reply to the notices
under Section 7 of the Land Encroachment Act within ten days from
today.
9. Considering the peculiar facts of the case and the issue
involved, we direct that in case some order adverse to the interest
of the petitioners is passed under Section 6 of the Land
Encroachment Act, the same may not be implemented for a period
of ten days from the date of service of the order under Section 6 of
the Land Encroachment Act.
10. With these observations, the writ petition and
W.M.P.No.19318 of 2023 are disposed of. There will be no order as
to costs. Consequently, W.M.P.Nos.11835 and 11836 of 2023 are
closed.
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W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
W.M.P.No.11832 of 2023 filed to permit the petitioners to file
a single writ petition is allowed and disposed of, inasmuch as the
petitioners have paid separate court fee.
(S.V.G., CJ.) (P.D.A., J.)
02.08.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To:
1.The District Collector,
Collectorate Office,
Tiruvallur – 602 001.
2.The Revenue Inspector,
Taluk Office, Poonamallee,
Tiruvallur – 600 056.
3.The Tahsildar,
Taluk Office, Poonamallee,
Tiruvallur – 600 056.
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https://www.mhc.tn.gov.in/judis
W.P.No.11968 of 2023
and W.M.P.No.19318 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
bbr
W.P.No.11968 of 2023
and WMP No.19318 of 2023
02.08.2023
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