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Madras High CourtWP/8107/2024disposed of

V.Balasubramanian, v. The District Collector,

2024-03-28Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Balasubramanian ..

Petitioner Vs.

1. The District Collector Villupuram.

2. The Sub Collector Tindivanam.

3. The Block Development Officer (Village Panchayat) Ollakur Panchayat Union, Tindivanam.

4. The Superintendent of Police Villupuram.

5. The Revenue Tahsildar Taluk Office, Tindivanam Villupuram District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records relating to the impugned notices of the third respondent under Section 7 of the Tamil Nadu Act 3 of 1905 dated 01.12.2023 and notice under Section 6 of the Tamil Nadu Act 3 of 1905 dated 15.12.2023 and quash the same.

For the Petitioner : Mr.Karthik Lakshmanan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1, R2 & R5 Mr.R.Siddharth Government Advocate for R3 Mr.S.Udhayakumar Government Advocate for R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.Karthik Lakshmanan, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1, 2 and 5, Mr.R.Siddharth, learned Government Advocate for respondent 3 and Mr.S.Udhayakumar, learned Government Advocate for respondent 4.

2. The petitioner is challenging the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. According to the learned counsel for the petitioner, the petitioner is the owner of the land in S.No.66/5. Patta is issued in favour of the petitioner, still

action, pursuant to the order passed under Section 6 of the Act of 1905, is undertaken.

3. Learned State Government Pleader submits that the petitioner has the remedy of appeal under Section 10 of the Act of 1905 against the order passed under Section 6 of the Act of 1905.

4. In the light of that, the writ petition stands disposed of with liberty to the petitioner to avail the alternate remedy. In that event all contentions of the respective parties are kept open. There shall be no order as to costs. Consequently, W.M.P.Nos.9055 and 9056 of 2024 are closed.

(S.V.G., CJ.) (D.B.C., J.) 28.03.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Villupuram.

2. The Sub Collector Tindivanam.

3. The Block Development Officer (Village Panchayat) Ollakur Panchayat Union, Tindivanam.

4. The Superintendent of Police Villupuram.

5. The Revenue Tahsildar Taluk Office, Tindivanam Villupuram District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 28.03.2024