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Madras High CourtWP/535/2023disposed of

Smt. Kavitha v. The District Collector

2023-12-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP Nos.508, 511, 492, 509, 512, 513 of 2023 and 34088 and 34089 of 2022 Kavitha .. Petitioner in WP.535/2023 Devikala .. Petitioner in WP.565/2023 V.Rohini .. Petitioner in WP.34648/2022 -vs3. The District Adi Dravidar and Schedule Tribes Welfare Officer, Vellore.

4. The Special Thasildhar, Adi Dravidar Welfare Office of the Special Thasildhar, Thirupatthur,

5. The Revenue Divisional Officer, Office of Revenue Divisional Officer,

6. The Thasildhar, Office of Thasildhar, Natrampalli Taluk, Natrampalli, Thirupatthur District.

7. The Deputy Superintendent of Police, Vaniyambadi, Thirupatthur District.

8. The Inspector of Police, Natrampalli, Thirupatthur District.

.. Respondents in WP Nos.

535 and 565 of 2023 Thirupathur, Thirupathur District.

Thirupathur, Thirupathur District.

3. The Revenue Divisional Officer, Office of Revenue Divisional Officer,

4. The Thasildhar (Revenue), Office of Thasildhar, Natrampalli Taluk, Natrampalli, Thirupatthur District.

5. The Special Thasildhar, Office of the Adi Dravidar Welfare, Thirupathur, Thirupathur District.

6. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vaniyambadi, Thirupatthur District.

7. The Inspector of Police, .. Respondents in WP.34648/2022 Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the entire records pertaining to the notice dated 14.12.2022 made in Na.Ka. A1/ 3421/ 1977, quash the same as illegal and further direct the 4th respondent (in WPs.535 and 565 of 2023) and 5th respondent (in WP.34648 of 2022) to confirm the assignment order passed by 4th respondent/5th respondent in Na.Ka.A1/3624/77 in petitioners' name. For the Petitioners in all WPs.

:

Mr.A.Gouthaman For the Respondents in all WPs.

:

Mr.T.K.Saravanan Govt. Advocate.

* * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Gouthaman, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondents.

2. The pattas issued in favour of the petitioners are cancelled. It is not disputed that the petitioners have a remedy against the cancellation of patta. The petitioners have also challenged the order

passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The said order can also be challenged by way of an appeal under Section 10 of the said Act.

3. The petitioners are at liberty to take steps and avail the alternate remedy as may be permissible under law. In that event, all the contentions are kept open.

The writ petitions are, accordingly, disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.V.G., CJ.) (D.B.C., J.) 19.12.2023 Index : Yes/No : Yes/No sra

To

3. The District Adi Dravidar and Schedule Tribes Welfare Officer, Vellore.

4. The Special Thasildhar, Adi Dravidar Welfare Office of the Special Thasildhar, Thirupatthur,

5. The Revenue Divisional Officer, Office of Revenue Divisional Officer,

6. The Thasildhar, Office of Thasildhar, Natrampalli Taluk, Natrampalli, Thirupatthur District.

7. The Deputy Superintendent of Police, Vaniyambadi, Thirupatthur District.

8. The Inspector of Police, Natrampalli, Thirupatthur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) WP Nos.535, 565 of 2023 and 34648 of 2022 19.12.2023