C.Palanivel v. The District Collector

W.M.P.No.8196 of 2023 in W.P.No.7946 of 2023 M.SUNDAR, J., and R.SAKTHIVEL, J., (Order of the Court was made by M.SUNDAR, J.,) This order will now dispose of the captioned 'Writ Miscellaneous Petition' [hereinafter 'WMP' for the sake of brevity].

2. Captioned WMP has been filed with prayer to dispense with production of 'original impugned notice dated 16.11.2022 issued by the 4th respondent under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity, convenience and clarity} and the notice dated 03.12.2022 issued by the 3rd respondent under Section 6 of the said 1905 Act' [hereinafter 'impugned notices' for the sake of brevity, convenience and clarity].

3. Mr.P.Jagadeesan, learned counsel on record for writ petitioner, is before this Court.

4. Learned counsel for writ petitioner submits that the impugned notices are not readily available with the petitioner. However, 1/2 https://www.mhc.tn.gov.in/judis

M.SUNDAR, J., and R.SAKTHIVEL, J., mk photocopies of the impugned notices were filed along with the typed set of papers. Learned counsel drew the attention of this Court to relevant part of support affidavit, which reads as follows: '8. I State that the original impugned notice dated 16.11.2022 issued by the 4th respondent under Section 7 of the Act and the notice dated 03.12.2022 issued by the 3rd respondent under the Act are not available with me.......'

5. Taking into account the fact that the authenticity of the impugned notices are is not subjected to contestation or disputation, we are considering the dispense with prayer.

6. In the light of the narrative thus far, dispense with prayer is acceded to. Captioned WMP is ordered as prayed for. [M.S.J.,] [R.S.V.J.,] 23.06.2025 (1/2) mk W.M.P.No.8196 of 2023 in W.P.No.7946 of 2023 (1/2) 2/2 https://www.mhc.tn.gov.in/judis