Poongodi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.4521 of 2025 and W.M.P. No.5046 of 2025 Poongodi Petitioner vs.

1.

The District Collector Tiruppur District Tiruppur The Tahsildar Tahsildar Office Kangeyam Tiruppur District The Revenue Inspector Revenue Office Kangeyam Tiruppur District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the impugned order passed by the second respondent in Na.Ka.No.376/2024/A9 dated 25.01.2025 and quash the same.

For petitioner Ms. Vijayakumari Natarajan Page Nos.1/4

ORDER

[made by M.SUNDAR, J.] After some arguments, Ms.Vijayakumari Natarajan, learned counsel on record for writ petitioner, sought leave of this Court to withdraw the captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) and captioned 'writ miscellaneous petition' (hereinafter 'WMP' for the sake of brevity) but made a plea to preserve the rights of the writ petitioner to pursue statutory appeal under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act') before R1 (District Collector, Tiruppur) which has already been filed. Saying so, learned counsel has made an endorsement in the case file and scanned reproduction of the same is as follows:

Page Nos.2/4

This Court has repeatedly held that said 1905 Act is a self contained Code. The reason inter alia is that there is a provision to have the alleged encroacher show caused under Section 7 of said 1905 Act followed by an order (considering the cause shown). The order under Section 6 is appealable under Section 10 (District Collector is the appellate authority) and there is a provision for further revision to the Government under Section 10-A (Section 10-A(3) to be precise) of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Therefore, said 1905 Act is a self contained Code in every sense of the expression.

In the light of the narrative thus far, captioned main WP and captioned WMP are disposed of as withdrawn/closed albeit with liberty to the writ petitioner to pursue statutory appeal against the impugned order, which, according to learned counsel for writ petitioner, has already been filed. There shall be no order as to costs. (M.S., J.) (K.G.T., J.) 12.02.2025 cad Page Nos.3/4

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad To 1.

The District Collector Tiruppur District Tiruppur The Tahsildar Tahsildar Office Kangeyam Tiruppur District The Revenue Inspector Revenue Office Kangeyam Tiruppur District 12.02.2025 Page Nos.4/4