Madras High Court
R. Anandhan vs The District Collector on 16 May, 2024
Author: P.T.Asha
Bench: P.T.Asha
W.P.No.13676 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.05.2024
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.P.No.13676 of 2024
R. Anandhan ... Petitioner
Vs.
1. The District Collector,
Thiruvarur District.
2. The District Revenue Officer,
District Collectorate Campus,
Thiruvarur.
3. The Tahsildar,
Thiruvarur Taluk,
Thiruvarur District. ... Respondents
Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus to direct the 3rd respondent to consider
the representation of the petitioner dated 09.05.2024.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.13676 of 2024
For Petitioner : Mr.S.Thiruvengadam
For Respondents : Mr.A.Selvendran
Special Government Pleader
ORDER
[Order of the Court was made by P.T.ASHA, J.,]
By consent, the main writ petition itself is taken up for final disposal
at the admission stage.
2. This writ petition is filed for issuance of a Writ of Mandamus to
direct the 3rd respondent to consider the representation of the petitioner
dated 09.05.2024.
3. It is the case of the petitioner that his property is situated at
S.No.81/5, Perundhurakudi Revenue Village, Thiruvarur Taluk, Thiruvarur
District in Patta No.5125 measuring an extent of 2830 sq.ft and settled the
property in favour of his wife and continuously enjoying the property for the
past 12 years. While so, some third persons enimical to the petitioner filed a
https://www.mhc.tn.gov.in/judis
writ petition before this Court in W.P.No.2631 of 2023 as if the land is a
Kuttai (pond) and therefore approached this Court to take action against the
petitioner. This Court directed the officials to adhere to the decision in
W.P.No.16120 of 2023 dated 30.08.2023. The respondents without realising
that the said order is applicable only to the encroachments in respect of
Government/Poramboke lands and encroachment if any in the said
Government land has sent a notice under Section 7 of Land Encroachment
Act but curiously referred the land in his possession as Natham land and the
said judgment has no relevance to the land which is classified as Natham
land. Thereafter, immediately the petitioner has sent a detailed reply and also
referred to the judgment of the Hon'ble Supreme Court, wherein the Hon'ble
Apex Court has held that the village Natham is a land vested with the
respondents (Government) and they have no right over it. Though the
petitioner had given a detailed reply, the 2nd respondent informed that he
would evict the petitioner from the subject property. Hence, the present writ
petition has been filed.
4. Heard the learned counsel on either side.
https://www.mhc.tn.gov.in/judis
5. Considering the facts and circumstances of the case, without going
into the merits of the case, the 3rd respondent is directed to consider the
representation of the petitioner dated 09.05.2024 and pass reasoned orders
on merits and in accordance with law, within a period of eight weeks from
the date of receipt of a copy of this order, after giving notice to the interested
parties. Till such time no coercive steps shall be taken by the respondents on
the Section 7 notice.
6. With the above direction, the writ petition is disposed of. No costs.
7. Post the matter under the caption "for reporting compliance" on
20.06.2024.
(P.T.A.,J.) (N.S.,J.)
16.05.2024
Index : Yes / No
Neutral Citation : Yes / No
dpq
https://www.mhc.tn.gov.in/judis
To
1. The District Collector,
Thiruvarur District.
2. The District Revenue Officer,
District Collectorate Campus,
Thiruvarur.
3. The Tahsildar,
Thiruvarur Taluk,
Thiruvarur District.
https://www.mhc.tn.gov.in/judis
P.T.ASHA, J.,
and
N.SENTHILKUMAR, J.,
dpq
16.05.2024
https://www.mhc.tn.gov.in/judis
