T.Pinky, W/O Tejraram v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2017

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE R.MAHADEVAN W.P.No.13411 of 2017 and W.M.P.Nos.14450 & 14451 of 2017 T.Pinky ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Thiruvottiyur Taluk Office, Thiruvallur District.

3.The Revenue Inspector, Manali Revennue Firka, Thiruvottiyur Taluk Office, Thiruvallur District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari calling for the records relating to the impugned notice issued under Section 7

(2) of the Tamil Nadu Land Encroachment Act 3 of 1905 by the 3rd respondent in Na.Ka.No.179/2017/A1 dated 28.04.2017 and to quash the same.

For Petitioner : Mr.M.Rajasekhar For Respondents: Mr.R.Vijayakumar, Additional Government Pleader (R1 to R3)

O R D E R

(Order of the Court made by M.M.SUNDRESH, J.) What is put to challenge in this Writ Petition is the notice to show cause for the alleged removal under Section 7(2) of the Tamil Nadu Land Encroachment Act, 1905, which is not maintainable in the eye of law. A final adjudication would come only when an order is passed under Section 6 of the said Act. https://hcservices.ecourts.gov.in/hcservices/

2.In such view of the matter, we are not inclined to entertain the Writ Petition. However, considering the facts and circumstances, the petitioner is given a further period of four weeks to give a suitable reply. On receipt of the same, the 3rd respondent will have to pass a final order within a further period of four weeks. It is needless to say that within such time, the petitioner shall not be evicted. It is made clear that this order is passed on the premise that no order is already passed under Section 6 of the Act. It is also made clear that if such an order under the said Act has already been passed, this order will not have any effect.

3.With the above observation, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar va To 1.The District Collector, Office of the District Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Thiruvottiyur Taluk Office, Thiruvallur District.

3.The Revenue Inspector, Manali Revennue Firka, Thiruvottiyur Taluk Office, Thiruvallur District.

+1cc to Mr.M.Rajasekhar, Advocate, S.R.No.37865 +1cc to the Government Pleader, S.R.No.38147 W.P.No.13411 of 2017 and W.M.P.Nos.14450 & 14451 of 2017 NRII(CO) RS(26/05/2017) https://hcservices.ecourts.gov.in/hcservices/