Arumugam, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.9765, 9768, 9771, 9773 of 2024 Arumugam .. Petitioner in W.P.8760 of 2024 Soundarajan .. Petitioner in W.P.8763 of 2024 Jothimani .. Petitioner in W.P.8765 of 2024 Palaniyammal .. Petitioner in W.P.8768 of 2024 -vs1.The District Collector Salem District Collectorate Salem District-01.
2.The Tahsildhar Omalur Tahsildhar Office Omalur Taluk, Salem District.
3.The Revenue Inspector Office of the Revenue Inspector Karuppur Village, Omalur Taluk Salem District.
.. Respondents in all the W.Ps.
Common Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for Section 7 of the Tamil Nadu Land Encroachment Act dated 29.12.2023 on the file of the 3rd respondent and directing the respondents to
grant Patta to the petitioner by considering the petitioner's representation dated 11.12.2023.
In all W.Ps For the Petitioners :
Mr.A.Sathasivam For the Respondents :
Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.K.Karthik Jegannath Government Advocate -for R1 to R3 * * * * * COMMON ORDER (Made by the Hon'ble Chief Justice) We have heard Mr.A.Sathasivam, learned counsel for the petitioners and Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 1 to 3.
2. Learned counsel for the petitioners submits that the petitioners are occupying the subject property for more than 50 years and the tax receipts are also placed on record. Section 7 notice under the Land Encroachment Act, 1905 has been issued and the petitioners have also filed applications for grant of patta.
3. The impugned notices are issued under Section 7 of the Act. The petitioners shall have every right to give explanation and reply to the said notices under Section 7. Before proceeding under Section 6 of the Act, the authorities will consider the reply filed by the petitioners on its own merits and in accordance with law.
4. If an order is passed adverse to the interest of the petitioners under Section 6 of the Land Encroachment Act, the petitioners have a remedy of appeal under Section 10 of the said Act.
5. With the above observation, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
(S.V.G., CJ.) (J.S.N.P., J.) 03.04.2024 Index : Yes/No : Yes/No kst
To 1.The District Collector Salem District Collectorate Salem District-01.
2.The Tahsildhar Omalur Tahsildhar Office Omalur Taluk, Salem District.
3.The Revenue Inspector Office of the Revenue Inspector Karuppur Village, Omalur Taluk Salem District.
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
(kst) W.P Nos.8760, 763, 8765 and 8768 of 2024 03.04.2024