Madras High CourtWP/27141/2023disposed of

T.Sankar v. The Taluk Tahsildar

2023-09-15Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU T.Sankar ..

Petitioner Vs.

1. The Taluk Tahsildar Chengalpattu Taluk, Taluk Office Campus Chengalpet - 603 001.

2. The Revenue Inspector Chengapet Firka Taluk Offuce Campus Chengalpet - 603 001.

3. The Village Administrative Officer Anjur Village Village Panchayat Office Campus at Anjur Anjur Village and Post Chengalpet Taluk and District - 603 204.

4. The State of Tamil Nadu Rep. by its District Collector Chengalpet - 603 001.

5. The Block Development Officer Kattankulathur Panchayat Union Kattankulathur, Chengalpet - 603 203.

6. The Anjur Village Panchayat Rep. by its President, Anjur Village and Post Chengalpet division, Chengalpet - 603 204.

7. The Revenue Divisional Officer Chengalpet Division, Chengalpet - 603 001.

8. The District Revenue Officer Chengalpet District, Chengalpet - 603 001.

9. The Superintendent of Police Anna Nagar, Chengalpet - 603 002.

10. The Deputy Superintendent of Police Chengalpet Division, Chengalpet - 603 001.

11. The Inspector of Police Chengalpet Taluk Police Station Chengalpet (Near Koluvaai Lake) - 603 002.

12. N.Kothandan

13. B.Mohan Raj

14. B.Thirunavukkarasu

15. B.Govindaraj

16. B.Ramesh

17. B.Rajendran

18. P.Munusamy

19. P.Rudhrakotti ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the 2nd respondent by his impugned proceedings made in Na.Ka.No.32 /2022/ AA1 dated 19.01.2022 and to quash the same and consequently to forbear the respondents 1 to 11 from in any manner dispossessing evicting the petitioner from his residential house property and its backyard portions bearing Door No.30A/1, demolition of the same and causing damages to it to an extent of Acre 0-08 Cents out of a total extent of 0-51-0 Hectare in Kallangkuthu Survey no. 212 of Anjur Village situated at Mettu street bounded on the North: by Rajendran's house and street ; South By: Durai's house West by: Perumal's house and East: by Mohanraj's house comprised in Kallangkuthu Survey No.212 of Village No.65, Anjur Village, Chengalpet Taluk and District and directing to regularize the petitioner's encroachment and grant of assignment of patta for the same in his favour by the first respondent, who is the competent authority.

For the Petitioner :

Mr.B.Dayaalan For the Respondents :

Mr.P.Muthukumar State Government Pleader assisted by Mr.K.M.D.Muhilan Additional Government Pleader for R1 to R8 Mr.P.Muniyapparaj Additional Public Prosecutor for R9 to R11

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.B.Dayaalan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for respondents 1 to 8 and Mr.P.Muniyapparaj, learned Additional Public Prosecutor for respondent 9 to 11.

2. The petitioner is challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (for brevity, hereinafter referred to as, "the Act of 1905").

3. Learned counsel for the petitioner submits that the petitioner is the only one who is issued with such notice. The petitioner has filed a reply to the said notice issued under Section 7 of the Act of 1905.

4. Notice issued under Section 7 of the Act of 1905 is only a show-cause notice. The petitioner has already filed a reply to the said notice, issued under Section 7 of the Act of 1905, and the Authorities

shall certainly consider the reply filed by the petitioner and in case an order under Section 6 of the Act of 1905 is passed against the petitioner, the petitioner can avail the alternate remedy available under Section 10 of the Act of 1905.

5. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.26588 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 15.09.2023 Index :

Yes/No :

Yes/No drm