R.Muthulingam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Muthulingam ..
Petitioner Vs.
1. The District Collector Office of the District Collector Cuddalore District, Cuddalore.
2. The Tahsildar Office of the Taluk Office Panruti, Cuddalore District.
3. The Block Development Officer (Village Panchayat) Office of the Block Development Officer Panruti, Cuddalore District.
4. The Village Administrative Officer Vallam Revenue Village Panruti - T.K, Cuddalore District.
5. P.Elumalai
6. E.Senjilakshmi
7. A.Annadurai ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 2nd and 3rd respondents to remove the encroachments of 5th, 6th and 7th respondents made by them in village panchayat road bearing survey no.348/1 situated at Keelakuppam village, Panruti-T.K., Cuddalore District By considering his representation dated 18.09.2023 and as per the notice issued by the 3rd respondent herein in Na.Ka. No.B3/57/ 2024 dated 29.01.2024.
For the Petitioner : Mr.D.Dayalan For the Respondents : Mr.P.Harish Government Advocate for R1, R2 & R4 Mr.T.K.Saravanan Government Advocate for R3
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.D.Dayalan, learned counsel for the petitioner, Mr.P.Harish, learned Government Advocate for respondents 1, 2 and 4 and Mr.T.K.Saravanan, learned Government Advocate for respondent 3.
2. The present petition appears to be an abuse of the process of the Court.
3. Notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued on 29.01.2024, inviting a say.
4. The notice, it appears, is issued by the Block Development Officer, who is not the appropriate authority under the provisions of the Tamil Nadu Land Encroachment Act, 1905.
5. The appropriate authority shall initiate the proceedings in accordance with law.
6. The writ petition, as such, stands dismissed. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 19.03.2024 Index :
Yes/No :
Yes/No
drm To
1. The District Collector Office of the District Collector Cuddalore District, Cuddalore.
2. The Tahsildar Office of the Taluk Office Panruti, Cuddalore District.
3. The Block Development Officer (Village Panchayat) Office of the Block Development Officer Panruti, Cuddalore District.
4. The Village Administrative Officer Vallam Revenue Village Panruti - T.K, Cuddalore District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 19.03.2024