N.Kubendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.1335 of 2024 N.Kubendran .. Petitioner -vs1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai.

4. The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.

5. The Revenue Inspector, Thiruvannamalai Taluk, Thiruvannamalai.

6. The Village Administrative Officer, Thiruvannamalai, Thiruvannamalai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to issuance of the impugned notice of the 4th respondent under Section 6 dated 14.12.2023 (Form-6) and the final notice dated 10.01.2024 issued under the Tamil Nadu Land Encroachment Act, 1905, quash the same and consequently direct the 1st respondent to communicate the order passed on the petitioner's appeal dated 29.08.2022 to the petitioner.

For the Petitioner :

Mr.N.Elumalai For the Respondents :

Mr.C.Kathiravan Special Goverment Pleader for RR 1 to 6 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Elumalai, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader, for the respondents.

2. The petitioner is served with the notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The learned counsel for the petitioner submits that the petitioner has filed an appeal along with a stay application. However, no orders are passed in the appeal.

3. In case the petitioner has filed an appeal before the Collector and the same is pending, then the Collector shall decide the said appeal on its own merits, in accordance with law within a period of one month from the date of appearance of the petitioner. The petitioner shall appear before the Appellate Authority on 29.01.2024. The writ petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 19.01.2024 Index : Yes/No : Yes/No sra

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

(sra) To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Revenue Divisional Officer, Thiruvannamalai Division,Thiruvannamalai.

4. The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.

5. The Revenue Inspector, Thiruvannamalai Taluk, Thiruvannamalai.

6. The Village Administrative Officer, Thiruvannamalai, Thiruvannamalai District.

19.01.2024