G.Murugan v. K.Kathirivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. G.Murugan

2. M.Umapathy ..

Applicants Vs.

1. K.Kathirivel

2. Additional Personal Assistant to Collector (Land) District Collector Office, Salem District.

3. Revenue Inspector Veerapandi Firka, Salem South Taluk Salem District.

4. Tahsildar Salem South Taluk, Salem District.

5. Bomma Naicker ..

Respondents Prayer: Petition filed under Order XLVII, Rule 1 of the Code of Civil Procedure, 1908 r/w Section 114 of the Code of Civil Procedure, 1908 seeking review of the order dated 14.12.2022 in W.P.No.33555 of 2022.

For the Applicants : Mr.G.K.R.Pandiann For the Respondents : Mrs.R.Anitha Special Government Pleader for R2 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.G.K.R.Pandiann, learned counsel for the applicants and Mrs.R.Anitha, learned Special Government Pleader for respondents 2 to 4.

2. The application is filed seeking review of the order dated 14.12.2022 in W.P.No.33555 of 2022.

3. This Court has not adjudicated about any encroachment in existence. It only states that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity, "the Act of 1905"] is issued, however, subsequent order under Section 6 of the Act of 1905 is not passed. After issuance of notice under Section 7 of the Act of 1905, naturally, the party to whom the said notice is issued has an opportunity to file a say along with all the relevant documents relied by

him. The authority has to consider the say and the documents before passing orders under Section 6 of the Act of 1905.

4. Learned counsel for the applicants submits that patta is issued in favour of the present applicants. Naturally, all these aspects have to be considered by the authority, before passing orders under Section 6 of the Act of 1905.

5. In the light of that, the review application need not be considered on merits. The review application, accordingly, stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 15.12.2023 Index :

Yes/No :

Yes/No drm To

1. Additional Personal Assistant to Collector (Land) District Collector Office, Salem District.

2. Revenue Inspector Veerapandi Firka, Salem South Taluk Salem District.

3. Tahsildar Salem South Taluk, Salem District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 15.12.2023