N.Moorthy v. The District Colletor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.A. Nos.183, 184, 186 and 187 of 2019 and C.M.P.Nos.1840, 1871, 1847 and 1872 of 2019 N.Moorthy .. Appellant in WA.183/2019 B.M.Iqbal .. Appellant in WA.184/2019 B.M.Habibullah .. Appellant in WA.186/2019 V.Thomas .. Appellant in WA.187/2019 -vs1.The District Collector, Nilgiris District, Collectorate, Nilgiris.

2.Revenue Divisional Officer, Collectorate, Nilgiris.

3.The Tahsildhar, Coonoor, Nilgiris.

4.Revenue Inspector, Coonoor Town, Nilgiris.

.. Respondents in all WAs.

Appeals filed under Clause 15 of the Letters Patent against the common order dated 11.01.2019 passed in W.P.Nos.3862, 3863, 3865 and 3861 of 2004 on the file of this Court. Common Prayer:

Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records on the file of the 4th respondent pertaining to the notice issue to the petitioner under Section 7 of the Land Encroachment Act, 1905 dated 03.02.2004 and quash the same as totally without jurisdiction.

For Appellants in all WAs.

:

Mr.J.Ravindran

For Respondents in all WAs.

:

Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.) * * * * *

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) Heard the learned counsel for the appellants and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.), for the respondents.

2.The appellants have preferred these writ appeals being aggrieved by the order passed in W.P.Nos.3862, 3863, 3865 and 3861 of 2004 dated 11.01.2019. The subject matter of the writ petitions is with regard to the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. The said notice is dated 03.02.2004. However, the learned Government Pleader (i/c.) stated that thereafter, notice has been issued under Section 6 of the said Act. The said notice is dated 07.02.2019. 3.As against the notice under Section 6 of the Act, there is an efficacious alternate remedy of preferring an appeal under Section 10 of the said Act.

4.Learned counsel for the appellants states that the appellants will prefer the appeal under Section 10 of the said Act against the notice under Section 6 within a period of one week and they will also prefer an application for stay in the said appeal. However, the learned counsel for the appellants apprehends that if the appellants are not protected, action may be taken against them under Section 6 of the said Act. 5.In view of the categorical statement made by the learned counsel for the appellants that appeal and stay application will be preferred within a week from today, the respondents are directed to maintain status quo as on today for a period of ten days from today. The appellate authority is directed to decide the appeal to be filed by the appellants on merits and in accordance with law, without being influenced by any of the observations made in W.P.Nos.3860 to 3865.

The writ appeals are disposed of with the above observations. No costs. Consequently, connected Miscellaneous Petiitons are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Nilgiris District, Collectorate, Nilgiris.

2.Revenue Divisional Officer, Collectorate, Nilgiris.

3.The Tahsildhar, Coonoor, Nilgiris.

4.Revenue Inspector, Coonoor Town, Nilgiris.

+4cc to Mr.J.Ravindran, Advocate sr.no.18799 +1cc to Government Pleader sr.no.18459 W.A.Nos.183, 184, 186 and br(co) nr 08/03/2019