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Madras High CourtWP/4001/2024disposed of

Seenuvasan v. The Revenue Inspector

2024-02-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024 CORAM :

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

Petitioner Vs.

The Revenue Inspector Kodur Circle, Cheyyur Taluk Chengalpattu District.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the records relating to the notice dated nil issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 by the respondent herein, quash the same and consequently, direct the respondent herein to not to take any sort of action under the Tamil Nadu Land Encroachment Act, 1905 with respect to the petitioner Grama Natham property comprised in S.No.779/1, Old Survey No.693/1 situated at No.103, Koovathur

Village, Cheyyur Taluk, Chengalpattu District admeasuring to an extent of 2900 square meters.

For the Petitioner : Mr.G.Magesh Kumar For the Respondent : Mr.T.K.Saravanan Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.G.Magesh Kumar, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondent.

2. The writ petition is premature and misplaced.

3. Only notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 is issued. The petitioner has filed his reply to the same. The order has to be passed under Section 6 of the Act of 1905. The order under Section 6 is not yet passed. The authority has to consider the reply filed by the petitioner to the notice under Section 7 of the Act and even if an order under Section 6 of the Act is passed,

the petitioner has a remedy of appeal under Section 10 of the Act.

4. With the aforesaid observation, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.4317 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 20.02.2024 Index :

Yes/No :

Yes/No kpl To The Revenue Inspector Kodur Circle, Cheyyur Taluk Chengalpattu District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 20.02.2024