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2025 Supreme(Mad) 4089

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.RAJASEKAR, JJ
Haripriya, Wife of K. Jagadeeshwaran – Appellant
Versus
Tahsildar Tambaram Taluk, Tambaram – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Sakthivel
For the Respondents:Mr. M.S. Arasa Kumar, Govt. Advocate.

ORDER :

(M. SUNDAR, J.)

Subject matter of captioned main writ petition is land comprised in 'S.No.206/1 [admeasuring 0.10.00 hectares.ares] at No.17, Agaramthen Village, Tambaram Taluk, Chengalpattu District' [hereinafter 'said land' for the sake of brevity and convenience].

2. Captioned writ petition has been filed assailing an 'order dated 31.12.2024 bearing reference made by R1' [hereinafter 'impugned order' for the sake of convenience and clarity]. To be noted, impugned order has been made by R1 in exercise of powers 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, convenience and clarity}.

3. Mr.K.Sakthivel, learned counsel for writ petitioner submitted that the impugned order is completely without jurisdiction as according to him said land is private land.

4. Issue notice.

5.Mr.M.S.Arasa Kumar, learned Government Advocate accepts notice for both the respondents and submits on instructions that said land is 'punjai tharisu' and there are other alleged encroachers, who are also covered by the impugned order and other encroachers have preferred statutory appeals under Section 10 of said

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