Madras High Court
S.Madasamy vs The State Of Tamil Nadu on 8 August, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.P.(MD) No.9055 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.9055 of 2008
1.S.Madasamy
2.V.Pandiammal
3.Poongodi
4.S.Pandi ... Petitioners
-vs-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of Revenue,
(Land Development),
Fort. St. George, Chennai - 9.
2.The Special Commissioner and
Commissioner of Land Administration,
Government of Tamil Nadu,
Chepauk, Chennai -5.
3.The District Collector,
Thoothukudi District,
Thoothukudi- 8.
4.The Revenue Divisional Officer,
Kovilpatti, Thoothukudi District.
5.The Tahsildar,
Ottapidaram Taluk,
Thoothukudi District.
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Page 1 of 7
W.P.(MD) No.9055 of 2008
6.The Block Development Officer,
Ottapidaram Taluk,
Thoothukudi District.
7.The Executive Engineer (WRD),
Public Works Department,
Korampallam River Basin Region,
Sivankoil Street,
Thoothukudi – 2.
8.Ind Bharat Power Gen Company Ltd.,
Represented by its Managing Director,
Project Site – Keezhavelayuthapuram Village,
Pudurpandiyapuram Panchayat,
Melarasadi Post, Thoothukudi- 2.
9.Deepak Maini,
Interim Resolution Professional,
Ind Bharat Power Gen Company Ltd.,
Residing at:C/100, Sec-2, Noida,
Uttarpradesh – 201 301. ... Respondents
(R9 is impleaded vide Court order
dated 20.02.2024 in W.M.P.(MD)No.3237 of 2024
in W.P.(MD)No.9055 of 2009 by DKKJ & RVJ)
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, to direct the respondent nos. 1 to 7 to remove
the encroachments made by the respondent no.8 in the Odai Poramboke in
'Mootha Odai' and cart track to an extent of 0.81.0 hectares, in Survey No.
32/7, 34/3 and 38/1, Pudur Pandiapuram Village, Ottapidaram Taluk,
Thoothukudi District to an extent of 0.22.0 Ares.
For Petitioner : Mr.M.P.Senthil
For Respondents 1 to 7 : Mr.S.P.Maharajan
Special Government Pleader
For 8th Respondent : No Appearance
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Page 2 of 7
W.P.(MD) No.9055 of 2008
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
The prayer in the Writ Petition reads follows:-
“To issue a Writ of Mandamus, directing the respondents 1 to
7 to remove the encroachments made by the 8th respondent in the
Odai Poramboke in 'Mootha Odai' and cart track to an extent of
0.81.0 hectares, in Survey Nos.32/7, 34/3 and 38/1, Pudur
Pandiapuram Village, Ottapidaram Taluk, Thoothukudi District to
an extent of 0.22.0 Ares”
2.The fact that the company namely, the 8th respondent in the Writ
Petition, has encroached upon 0.93.5 hectares of Government land is not in
dispute. The fact that the said company is in the process of liquidation is
also not in dispute and the proceedings are pending before National
Company Law Tribunal, Hyderabad and an Interim Resolution Professional
has also been appointed. In a similar Writ Petition filed by another person,
the Division Bench of this Court had passed an order, directing the removal
of encroachments and the copy of the order has also been marked to the
Presiding Officer of the National Company Law Tribunal, Hyderabad Bench
and Mr.Deepak Maini, the Interim Resolution Profession appointed by
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National Company Law Tribunal. There has been no response whatsoever.
The Tahsildar, Ottanpidaram, in his instructions to the learned Government
Pleader has said that since the NCLT has passed an order prohibiting
institution of a suit or continuation of a pending suit or proceedings against
the Corporate debtor including execution of any judgment and decree or
order in any Court of law, Tribunal, Arbitration panel or other authority.
There is also a prohibition from Transferring, encumbering, alienating or
disposing of by the Corporate debtor any of its assert or any legal right
or beneficial interest therein any action to foreclose, recover or enforce
any security interest created by the Corporate debtor in respect of
which property including any action taken under the securitization and
reconstruction of financial assets and Enforcement of Security Interest
Act, 2002, the recovery of any property by the owner or lessor, where
such property is occupied by or in possession of the Corporate debtor.
The Tahsildar sees this order as a prohibition against initiation of
proceedings under the Land Encroachment Act, 1905.
3.We are unable to sustain the contention of the fifth respondent
namely, Tahsildar, Ottapidaram. The prohibitory order issued by NCLT
would apply only if the company that is being wounded up is in legal
possession of the property. An illegal possession of the property by way of
encroachment cannot be or shall not be protected by NCLT or any Court for
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that matter in proceedings for liquidation of the encroacher. Therefore, there
will be a direction to the respondents to initiate appropriate proceedings
under the Land Encroachment Act, 1905, against the company represented
by the Interim Resolution Professional, Mr.Deepak Maini, C/100, Sector -2,
Noida, Uttarpradesh – 201 301, Email.id:[email protected]. The
needful to be done within the period of four weeks from the date of receipt of
copy of this order and the compliance to be reported this Court by
17.09.2024. Post on 17.09.2024 'for reporting compliance'.
4.Accordingly, the Writ Petition is disposed of. No costs.
[R.S.M., J.] [L.V.G., J.]
08.08.2024
NCC : No
Index : No
Internet : Yes
Mrn/Sml
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To
1.The Secretary,
State of Tamil Nadu,
Department of Revenue,
(Land Development),
Fort. St. George, Chennai - 9.
2.The Special Commissioner and
Commissioner of Land Administration,
Government of Tamil Nadu,
Chepauk, Chennai -5.
3.The District Collector,
Thoothukudi District,
Thoothukudi- 8.
4.The Revenue Divisional Officer,
Kovilpatti, Thoothukudi District.
5.The Tahsildar,
Ottapidaram Taluk,
Thoothukudi District.
6.The Block Development Officer,
Ottapidaram Taluk,
Thoothukudi District.
7.The Executive Engineer (WRD),
Public Works Department,
Korampallam River Basin Region,
Sivankoil Street,
Thoothukudi – 2.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Mrn/Sml
08.08.2024
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