K.Saravanan v. The Thasildhar

ORDER [Order of the Court was made by M.SUNDAR, J.] A 'notice/order under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} dated 03.07.2025 made by R1' [hereinafter 'impugned order' for the sake of convenience] has been called in question vide the captioned main 'Writ Petition' ['WP' for the sake of brevity] which has been filed with a prayer for issue of certiorari qua impugned order.

¶2Mr.S.Kamadevan, learned counsel for writ petitioner predicates his campaign against the impugned order on the short point that the same was not preceded by a notice under Section 7 of said 1905 Act (to be noted, Section 7 notice is in the nature of a show-cause notice, which is statutorily imperative for making a Section 6 order).

¶3Issue notice to respondents. Page Nos.2/5

¶4Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for both the respondents and in his usual fairness submits, on instructions, that the impugned order was not preceded by a Section 7 notice and therefore, the impugned order will stand withdrawn. This submission is recorded i.e., the submission of learned State counsel that there is a rollback qua impugned order.

¶5We make it clear that all the rights and contentions of State are preserved for issuing notice afresh under Section 7 of said 1905 Act by a Competent Authority/Revenue Authority, if so advised and desired. Axiomatically, all the rights and contentions of the writ petitioner (including the points raised in the captioned WP) will remain preserved for the writ petitioner to respond to Section 7 notice.

¶6In the light of roll back, the captioned WMP has worked itself out as there cannot be any coercive action for the present. Page Nos.3/5

¶7Captioned WP stand allowed and the impugned order dated

03.07.2025 is quashed albeit with preservation of rights of both sides in the aforesaid manner. Captioned WMP is disposed as closed as writ petitioner's anxiety is doused. There shall be no order as to costs. (M.S.,J.) (H.C.,J.)

18.07.2025 Indes : Yes /No Speaking order / Non-speaking order gpa To

¶1The Thasildhar, Sholingar Taluk, Ranipet District.

¶2The Block Development Officer (VP) Kaveripakkam Panchayat Union, Kaveripakkam & Post, Ranipet District. Page Nos.4/5

M.SUNDAR, J. and

HEMANT CHANDANGOUDAR, J. gpa

18.07.2025 Page Nos.5/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR and W.M.P.No.29804 of 2025 K.Saravanan ...Petitioner vs. 1. The Thasildhar, Sholingar Taluk, Ranipet District. 2. The Block Development Officer (VP) Kaveripakkam Panchayat Union, Kaveripakkam & Post, Ranipet District. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari, calling for the records relating to notice of eviction dated 03.07.2025 issued under section 6 of the Tamil Nadu Land Encroachment Act, 1905 by the 1st respondent and quash the same. For Petitioner : Mr. S.Kamadevan For Respondents : Mr.T.K.Saravanan Additional Govt. Pleader Page Nos.1/5