Back
2025 Supreme(Mad) 3700
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Sundar, K.Govindarajan Thilakavadi, JJ.
K.Ramakrishnama Raju, S/o.Pullamaraju Petitioner - Petitioner
Versus
The Commissioner of Land Administration and ors. – Respondents
W.P. Nos.5444, 5455, 5458, 5463 & 5467 of 2025 W.M.P. Nos.5999, 6009, 6012, 6015 & 6019 of 2025
Decided On : 19-02-2025
Advocate Appeared:
For the Petitioner: Mr. A. Navaneethakrishnan, Senior Counsel for Mr. R.S. Anandan
For the Respondent: Mr.T.K.Saravanan, Additional Government Pleader, Dr. T. Seenivasan, Spl. Govt. Pleader (Forest), Mr.L.Jai Venkatesh,, Standing Counsel,
The court reinforced the necessity of procedural compliance in eviction matters, ensuring affected parties are given proper notice and opportunity to respond before any coercive actions are taken.
Headnote:(A) Tamil Nadu Forest Act, 1882 - Section 68-A - Writ petition seeking issuance of mandamus for removal of encroachments in forest land - The Court ordered that authorities must consider a re-classification application and respond to the petitioners' representation before taking coercive action - The authorities are mandated to ensure due process is followed in eviction cases involving encroached forest land. (Paras 6, 12, 14)
(B) Judicial procedure - The court emphasized the importance of adhering to procedural regulations when dealing with evictions, specifically to provide an opportunity to affected parties prior to actual eviction - There should be thorough consideration of responses to eviction notices. (Paras 12, 14)
Facts of the case:
The petitioner sought a writ of mandamus seeking the removal of encroachments made by private respondents on classified reserve forest land. Steps for eviction were initiated but no action had been taken. The impugned notices incorrectly referenced outdated legal provisions.
Findings of Court:
The re-classification application must be assessed by the authorities, and responses to eviction notices should be considered before any coercive measures are enacted.
Issues: The main issues involved the authority's duty to consider re-classification requests and the necessity of providing an opportunity for the affected parties before eviction.
Ratio Decidendi: The court held that authority must adhere to established legal protocols, ensuring that rights of affected parties are protected and providing opportunities for notice and representation in eviction procedures.
Result: The writ petitions are disposed of with directions to authorities.
| Table of Content |
|---|
| 1. court's jurisdiction and parties involved (Para 1 , 2 , 3) |
| 2. impugned notices' content and procedural issues (Para 4 , 5 , 6 , 12) |
| 3. criteria for handling reclassification and encroachment (Para 7 , 11 , 13) |
| 4. balancing rights and procedural fairness (Para 8 , 9 , 10) |
| 5. final orders regarding reclassification and encroachments (Para 14) |
ORDER :
M. SUNDAR, J.
This common order will now govern the captioned five 'writ petitions' (hereinafter 'WPs' for the sake of brevity) and captioned five writ miscellaneous petitions (hereinafter 'WMPs' for the sake of brevity) thereat.
2. Mr. A. Navaneethakrishnan, learned Senior Counsel instructed by Mr.R.S.Anandan, learned counsel on record for writ petitioners in all WPs, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R3, R6 and R7 and Dr.T.Seenivasan, learned Special Government Pleader (Forest) for R4 and R5 are before us.
3. Before we proceed further, considering the nature of the submissions made today, we deem it appropriate to implead the Assistant Engineer (Operation and Maintenance), Tamil Nadu Power Distribution Corporation Limited, Chennai EDC/North, Madhavaram, Madharpakkam, Chennai as R8 in all WPs.
4. Issue notice to R8. Mr.L.Jai Venkatesh, learned Standing Counsel, accepts notice for R8.
5. Main WPs were taken up with the consent of the learned counsel on both sides.
6. We find that the impugned notices i.e., notices dated 08.02.2025 issued by R5 (Forest Range Officer, Gummidipoondi Forest Range, Madarpakkam Village & Post) refers to an order dated 07.02.2024 (made by Madras High Court). Learned Special Government Pleader, fairly submitted that correct reference is dated 31.08.2023 in W.P.No.25714 of 2023. We deem it appropriate to extract and reproduce the 31.08.2023 order in W.P.No.25714 of 2023 and the same is as follows:
'IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2023
CORAM :
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.P.No.25714 of 2023
K.Yougandhar .. Petitioner
Vs.
1.The District Collector, Thiruvallur District-601 201.
2.The Sub Collector, Ponneri Post and Taluk, Thiruvallur District-601 201.
3.The District Forest Officer (DFO), Thiruvallur District-601 201.
4.The Tashildar, Gummidipoondi Taluk, Thiruvallur District-601 201.
5.The Divisional Engineer, Electricity Department, Ponneri Post and Taluk, Thiruvalur District-601 201.
6.The Block Development Officer (BDO), Gummidipoondi Union and Taluk, Thiruvallur District-601 201.
7.M.Babu
8.M.Somu
9.M.S.Mohan
10.M.Dasaratha Raju
11.K.Madhava Raju
12.N.Bala Raju
13.N.Subramaniam Raju
14.M.Ramachandra Raju
15.K.Mohan Raju
16.M.Narasa Raju
17.G.Subramaniam Yadhav
18.K.O.Mani
19.K.Eswari
20.K.O.Subramaniam Raju
21.K.O.Jaya Kumar
22.K.Mani
23.K.Venkata Rama Raju
24.M.Chandar Raju
25.K.Ramakrishnamma Raju
26.N.Dhananjay Raju
27.K.P.Chengal Raju
28.K.P.Poorana Chandar Raju
29.M.Shankar Raju
30.K.Babu s/o K.Krishnamma Raju
31.M.Mageswar Raju
32.K.Sobha
33.K.P.Mani
34.Ramya
35.R.Mohan
36.D.Yuva Kumar
37.D.Vekataram Raju
38.K.Babu s/o K.Chengal Raju .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 6 to remove the encroachments in S.No.101/3, Melapakkam Village, Eguvarpalayam Post, Gummidipoondi Taluk, Thiruvallur District, put up by respondents 7 to 38 and take appropriate action against them for felling the trees and encroaching the forest land.
For the Petitioner Mr.R.Udhaya Kumar
For the Respondents Mr.P..Muthukumar State Government Pleader for respondent Nos.1 to 6
ORDER
(Order of the court was made by S.Vaidyanathan, J.)
The present writ petition has been filed by the petitioner for issuance of a writ of mandamus to direct respondents 1 to 6 to remove the encroachments made by respondents 7 to 38 in S.No.101/3 situated at Melapakkam Village, Gummidipoondi Taluk.
2. Since we are not passing any adverse order against respondent Nos.7 to 38 in the present writ petition, notice to respondent Nos.7 to 38
