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Madras High CourtWP/3170/2023dismissed

K.Ramkumar v. The District Collector

2023-02-07Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR and W.M.P.Nos.3230 & 3231 of 2023 K.Ramkumar .. Petitioner

Versus

1.The District Collector, 2.The Tahsildar, Chidambaram Taluk, 3.The Block Development Officer, Panchayat Union Office, Kumaratchi, Chidambaram Taluk.

4.The Panchayat President, C.Thandeswaranallur Panchayat, Chidambaram Taluk, 5.The Estate Officer, Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975, Wakf House No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

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6.M/s.Lalkhan Mosque Wakf, Rep. by its Secretary, R.Mohammed Ziyaudeen, No.1, Kothavall Sterrt, Chidambaram, .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records relating to the impugned notice dated 26.12.2022 made in PP/133/CUDD/2021 issued by the 5th respondent and quash the same as null and void. For Petitioner : Mr.No appearance For Respondents For RR1 & 2 : Mr.S.Rajesh Government Advocate For RR3 & 4 : Mr.K.H.Ravikumar Government Advocate

ORDER

This writ petition has been filed challenging the notice issued under the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975.

2. No representation on the side of the petitioner. 2/5

3. On perusal of impugned notice revealed that the said notice has been issued just for appearance of the petitioner in person for proper enquiry. This Court is of the view that it is for the petitioner to appear before the third respondent herein and to give an explanation and as such the said notice cannot be challenged.

4. In view of the above, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 07.02.2023 ata Index : Yes / No Speaking Order : Yes / No 3/5

To 1.The District Collector, 2.The Tahsildar, Chidambaram Taluk, 3.The Block Development Officer, Panchayat Union Office, Kumaratchi, Chidambaram Taluk.

4.The Panchayat President, C.Thandeswaranallur Panchayat, Chidambaram Taluk, 5.The Estate Officer, Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975, Wakf House No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

6.M/s.Lalkhan Mosque Wakf, Rep. by its Secretary, R.Mohammed Ziyaudeen, No.1, Kothavall Sterrt, Chidambaram, 4/5

N.SATHISH KUMAR, J.

ata 07.02.2023 5/5