Thaagam Theerpom Trust v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE:08-06-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.16011 of 2015 and M.P.Nos.1 and 2 of 2015 Thaagam Theerpom Trust Rep. by its Trustee Mr.K.D.a.Prabakaran S/o.Mr.S.Kanagaraj N o.4/829 Vaidhiyalingam Salai Neelangarai Chennai-600 115.
...Petitioner
Vs 1 The District Collector Kancheepuram District Office of the Collector Kancheepuram 2 The Thasildar Sozhinganallur Taluk Office of the Thasildar Sozhinganallur Kancheepuram District 3 The Revenue Inspector Sozhinganallur Sozhinganallur Taluk Kancheepuram District 4 Mr.Mahendra Samuvel No.4/829 Vaidhiyalingam Salai Neelangarai Chennai-115.
5 Mr.Chandran John No.4/829 Vaidhiyalingam Salai Neelangarai Chennai-115.
...Respondents
Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records of the 3rd respondent with respect to the issuance of the Notice under Section 7 of Tamil Nadu Land Encroachment Act 1905 dated 17.4.2015 quash the same and consequentially to forbear the respondents 1 to 3 from demolishing the Super structure in the land situated in Survey No.41/1 in Sozhinganallur Village Kancheepuram District measuring an extent of 8802 sq.ft.
For petitioner :
Mr. S. Palanirajan For respondents :
Mr. P.S. Shivashanmuga Sundaram, Spl.G.P for RR1 to 3
ORDER
(Order of the Court is made by SATISH K. AGNIHOTRI,J.) The petitioner, claiming to be a lawful owner of the property in question viz., Survey No.41/1 in Sozhinganallur Village, Kancheepuram District measuring an extent of 8802 sq.ft., has come up with this writ petition, assailing the legality of notice dated 1704-2015 under Section 7 of Tamil Nadu Land Encroachment Act, 1905 ('the Act' for short) on the ground that the petitioner is a lawful owner of the property in question and has been paying all statutory taxes and in possession of the property for a long time and as such, the impugned notice is not maintainable. 2.
We have heard the learned counsel for the petitioner, perused the pleadings and documents appended thereto. The impugned notice issued under Section 7 of the Act is in the form of show cause notice calling upon the petitioner to place his case to establish his ownership on the property, in question.
3.
At this stage, the petition is premature as no final order directing eviction has been passed and as such, we are not inclined to entertain this writ petition. The writ petition is accordingly, dismissed as premature. However, liberty is reserved to the petitioner to file a representation/ reply to the said notice within a period of one week. Thereafter, the authorities are directed to
pass the final order on its own merit and in accordance with law and to take a consequential action as early as possible preferably within a period of three weeks, thereafter.
4.
No costs. The connected miscellaneous petition is also dismissed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar glp To 1 The District Collector Kancheepuram District Office of the Collector Kancheepuram 2 The Thasildar Sozhinganallur Taluk Office of the Thasildar Sozhinganallur Kancheepuram District 3 The Revenue Inspector Sozhinganallur Sozhinganallur Taluk Kancheepuram District 1 CC to Mr. S. Palanirajan, Advocate SR.No. 27313 W.P.No.16011 of 2015 KSJ (CO) PSI (19.06.2015)