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Madras High CourtWP/9493/2017dismissed

A.Paneerselvam v. The District Collector,

2017-04-19Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.9493 of 2017 A.Paneerselvam .. Petitioner Vs.

1 The District Collector Thiruvarur District Thiruvarur.

2 The Revenue Divisional Officer Thiruthuraipoondi Thiruvarur District.

3 The Tahsildar Tahsildar Office Thiruthuraipoondi.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the proceedings of the 3rd respondent in Na.Ka.No.1795/2016/Aa4, dated 13.02.2017 and quash the same as illegal and incompetent and consequently direct the 3rd respondent to consider the petitioner's representation dated 03.01.2017.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.M.K.Subramanian Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner has an alternative remedy of appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. Pending disposal of the appeal, an application for stay may also be made under Section 10-B of the said Act.

https://hcservices.ecourts.gov.in/hcservices/

2. Apparently, the impugned action relates to Kulam Poramboke, which is a water body, and is covered by the Full Bench decision of this Court in T.K.Shanmugam v. The State of Tamil Nadu, (2015) 5 LW 397 (FB). We do not deem it appropriate to entertain the writ petition. The writ petition is dismissed.

No costs.

Consequently, W.M.P.Nos.10440 and 10441 of 2017 are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sasi To:

1 The District Collector Thiruvarur District Thiruvarur.

2 The Revenue Divisional Officer Thiruthuraipoondi Thiruvarur District.

3 The Tahsildar Tahsildar Office Thiruthuraipoondi.

+ 1 cc to M/s. Jayprakash, Advocate Sr.23771 + 1 cc to Government Pleader Sr.23847 W.P.No.9493 of 2017 SJ(CO) EU 27.4.2017 https://hcservices.ecourts.gov.in/hcservices/