Case Note & Summary
The petitioner, Rajamani, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging an order dated 03.01.2025 issued by the Tahsildar (third respondent) in Na.KA.No.5577/2023/Aa2. The impugned order was a consequential order passed pursuant to earlier eviction orders dated 08.04.2024 under Section 6 of the Tamil Nadu Land Encroachments Act, 1905. The petitioner claimed to have made a representation on 15.11.2024 to the District Collector (first respondent) against the eviction orders, which was pending. The petitioner sought quashing of the consequential order. However, during the hearing, the petitioner's counsel submitted that he would be satisfied if the appellate authority (District Collector) was directed to treat the representation dated 15.11.2024 as an appeal and dispose of it within a stipulated time. The Court, by consent of both sides, disposed of the writ petition at the admission stage. The Court directed the District Collector to treat the petitioner's representation dated 15.11.2024 as an appeal and dispose of it within three months from the date of receipt of a copy of the order. The Court did not quash the impugned order and made no order as to costs. The connected miscellaneous petition was closed.
Headnote
A) Land Law - Encroachment - Appeal - Section 6 of Tamil Nadu Land Encroachments Act, 1905 - The petitioner challenged a consequential eviction order passed under Section 6 of the Act. The Court, noting that the petitioner had made a representation to the District Collector which was pending, directed the District Collector to treat the representation as an appeal and dispose of it within three months, without quashing the impugned order. (Paras 3-4)
Issue of Consideration
Whether the impugned consequential order dated 03.01.2025 passed by the Tahsildar should be quashed, and whether the petitioner's representation dated 15.11.2024 should be treated as an appeal and disposed of within a stipulated time.
Final Decision
The writ petition was disposed of without quashing the impugned order. The District Collector was directed to treat the petitioner's representation dated 15.11.2024 as an appeal and dispose of it within three months from the date of receipt of a copy of the order. No order as to costs. Connected miscellaneous petition closed.
Law Points
- Writ of Certiorari
- Tamil Nadu Land Encroachments Act
- 1905 Section 6
- Representation as Appeal
- Disposal within stipulated time
Case Details
2025 LawText (MAD) (01) 70
W.P.(MD)No.2077 of 2025 and W.M.P.(MD)No.1467 of 2025
M.S.Ramesh, A.D.Maria Clete
Mr.S.Muniyandi (for petitioner), Mr.J.Ashok (for respondents 1 to 3)
1.The District Collector, Dindigul District, Dindigul. 2.The District Revenue Officer, Dindigul District, Dindigul. 3.The Tahsildar, Aathur Taluk, Dindigul District. 4.Fathima
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a consequential eviction order under the Tamil Nadu Land Encroachments Act, 1905.
Remedy Sought
Petitioner sought quashing of the impugned order dated 03.01.2025 issued by the Tahsildar.
Filing Reason
Petitioner challenged the consequential order passed pursuant to final eviction orders under Section 6 of the Tamil Nadu Land Encroachments Act, 1905.
Previous Decisions
Final eviction orders were passed on 08.04.2024 under Section 6 of the Tamil Nadu Land Encroachments Act, 1905. The impugned order dated 03.01.2025 was a consequential order passed pursuant to orders of the Coordinate Bench in W.P.(MD)No.29806 of 2023.
Issues
Whether the impugned consequential order dated 03.01.2025 should be quashed.
Whether the petitioner's representation dated 15.11.2024 should be treated as an appeal and disposed of within a stipulated time.
Submissions/Arguments
Petitioner's counsel submitted that he would be satisfied if the appellate authority is directed to treat the representation dated 15.11.2024 as an appeal and dispose of it within a stipulated time.
Ratio Decidendi
The Court held that since the petitioner had made a representation to the District Collector against the eviction orders, and the petitioner's counsel was satisfied with a direction to treat the representation as an appeal, the District Collector should dispose of the representation within three months. The Court did not quash the impugned order.
Judgment Excerpts
As against the final eviction orders passed on 08.04.2024 under Section 6 of the Tamil Nadu Land Encroachments Act, 1905, the petitioner claims to have made a representation on 15.11.2024 to the District Collector and the same is pending.
the learned Counsel for the petitioner submitted that he would be satisfied if the appellate authority is directed to treat the representation dated 15.11.2024 as the appeal and dispose of the same within a stipulated time.
the District Collector is directed to treat the representation of the petitioner dated 15.11.2024 as appeal and dispose of the same within a period of three [3] months from the date of receipt of a copy of this order.
Procedural History
Final eviction orders were passed on 08.04.2024 under Section 6 of the Tamil Nadu Land Encroachments Act, 1905. The petitioner made a representation on 15.11.2024 to the District Collector. The Tahsildar issued a consequential order on 03.01.2025. The petitioner filed W.P.(MD)No.2077 of 2025 challenging the consequential order. The writ petition was disposed of on 27.01.2025.
Acts & Sections
- Tamil Nadu Land Encroachments Act, 1905: Section 6
