Madras High CourtWP/4882/2021disposed of

K.Mahalingam v. The District Collector

2024-10-14Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.Nos.5486 and 5492 of 2021

1. K.Mahalingam

2. Chinnadurai

3. R.Jayaraj

4. Sivaram

5. Ramesh ... Petitioners -vs1. The District Collector, Office of the District Collector, Perambalur District.

2. The Tahsildar, Kunnam Taluk, Perambalur District.

3. The Revenue Inspector, Vadakkalur Area, Kunnam Taluk, Perambalur District.

4. P.Gopal ... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records of the third respondent in his proceedings dated 13.01.2021 issued under Section 7 of the Tamilnadu Land Encroachment Act and to quash the same. For Petitioner :

Mr.G.Ilamurugu For Respondents :

Mr.A.Edwin Prabakar State Govt. Pleader for RR 1 to 3 :

Mr.M.Rajendiran for R-4 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner is challenging the notice dated 13.01.2021 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.

2. When we expressed our view to petitioners' counsel that we do not wish to interfere at this stage, learned counsel for petitioners states that petitioners have replied to the said notice and respondent No.2 may consider the reply and pass appropriate orders in accordance with law.

3. In view of the submission of learned counsel for petitioners, this writ petition is disposed of with the following directions: a) Respondent No.2 shall adjudicate the notice dated 13.01.2021 on or before 30.11.2024 and pass a reasoned order dealing with all submissions of petitioners as well as respondent No.4. b) All parties shall be given a personal hearing, notice whereof shall be communicated at least five working days in advance. c) It is clarified that we have not made any observation on the merits of the matter.

There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 14.10.2024 Index :

Yes/No NC :

Yes/No sra

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.

(sra) To:

1. The District Collector, Office of the District Collector, Perambalur District.

2. The Tahsildar, Kunnam Taluk, Perambalur District.

3. The Revenue Inspector, Vadakkalur Area, Kunnam Taluk, Perambalur District.

14.10.2024