Chinnathambi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Chinnathambi ...

Petitioner versus 1.The District Collector, Kallakurichi.

2.The Executive Officer/Panchayat President T.Athipakkam Panchayat Union Thirukoilur Taluk, Kallakurichi.

...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records on the file of the second respondent in proceedings No.Nil dated 23.03.2023 issued under Section 6 of the Act of 1905 and quash the same as illegal, incompetent and without jurisdiction. For the Petitioner :

Ms.R.Poornima For the Respondents :

Mr.P.Muthukumar, State Government Pleader

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking a writ of certiorari calling for the records on the file of the second respondent in proceedings No.Nil dated 23.03.2023 issued under Section 6 of the Tamil Nadu Land Encroachment Act of 1905 and quash the same.

2. The petitioner has challenged the notice issued under Section 6 of the Act of 1905. Learned counsel for the petitioner submitted that as against the said notice, petitioner has approached the District Collector, by filing an appeal under Section 10 of the Act and the same is pending.

3. Since the appeal is stated to be pending, we are not inclined to entertain the writ petition. The writ petition is dismissed. There will be no order as to costs. Consequently, WMP No.10711 of 2023 is closed. (T.R., ACJ.) (D.B.C., J.) 10.04.2023 Index : Yes/No : Yes/No tar

To 1.The District Collector, Kallakurichi.

2.The Executive Officer/Panchayat President T.Athipakkam Panchayat Union Thirukoilur Taluk, Kallakurichi.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 10.04.2023