Peruma v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.2053 of 2025 Peruma W/o.Late Govindasamy ... Petitioner Vs.
1.
The District Collector Krishnagiri District Krishnagiri.
2.
The Revenue Divisional Officer O/o. The District Collector Krishnagiri.
3.
The Tahsildar Krishnagiri Taluk Krishnagiri District.
... Respondents Prayer :
Writ Petitions filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari, to call for the records of the notice Page Nos.1/7
issued under Section 6 of Chennai III Act 1905 (The Tamil Nadu Land Encroachment Act, 1905) signed on 24.12.2024 on the file of the 3rd respondent and quash the same.
For Petitioner :
Mr.K.Balaji For Respondents :
Mr.T.K.Saravanan Government Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed assailing a 'notice / order signed by R3 dated 24.12.2024' {hereinafter 'impugned notice' for the sake of brevity, convenience and clarity}. To be noted, impugned notice has been issued 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}. Impugned notice pertains to 'land comprised in S.No.34/8 in Kondapalli Village, Alappatti Sub-Taluk, Krishnagiri Taluk, Krishnagiri District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}. Page Nos.2/7
2. Learned counsel for writ petitioner submits that impugned notice was not preceded by 'Show Cause Notice' {'SCN'} under Section 7 of said 1905 Act.
3. Issue notice to respondents.
4. Mr.T.K.Saravanan, learned Government Advocate, accepts notice for respondents and submits, on instructions that Section 7 notice was in fact issued. Learned State Counsel submits that noticee / writ petitioner refused to receive Section 7 notice and therefore, the same was affixed. A copy of Section 7 notice said to have been affixed is placed before this Court. A scanned reproduction of section 7 notice as placed before us is as follows: Page Nos.3/7
Page Nos.4/7
5. To be noted, there is no document to demonstrate that there is affixture. It is to be noted that R3 in written instructions to learned State Counsel has not averred that Section 7 notice has been affixed.
6. Though learned counsel for writ petitioner submits that he is concerned only with S.No.34/6 and the impugned notice has been issued to writ petitioner with regard to S.No.34/8, we deem it appropriate to make the following order:
(i) Impugned notice dated 24.12.2024 is set aside; (ii) Impugned notice is set aside on the sole ground that learned State Counsel is unable to demonstrate that prior to impugned notice, notice under Section 7 of said 1905 Act was duly served on the writ petitioner in a manner known to law; (iii) The above means that we are not expressing any view or opinion on the merits of the matter;
(iv) Today, learned counsel for writ petitioner has been favoured with a copy of Section 7 notice. Therefore, we would take the reckoning date as 27.01.2025 and writ petitioner shall send response, if any, if so advised and if so desired within a Page Nos.5/7
fortnight from today i.e., on or before 10.02.2025; (v) Thereafter, R3 shall pass orders afresh on its own merits and in accordance with law.
Captioned WP disposed of in the aforesaid manner. Consequently, Writ Miscellaneous Petition thereat is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 27.01.2025 Index : Yes / No Speaking order / Non-speaking order mk To 1.
The District Collector Krishnagiri District Krishnagiri.
2.
The Revenue Divisional Officer O/o. The District Collector Krishnagiri.
3.
The Tahsildar Krishnagiri Taluk Krishnagiri District.
Page Nos.6/7
M.SUNDAR, J., and K.RAJASEKAR, J., mk 27.01.2025 Page Nos.7/7