M.T.Ramachandran v. Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Mr.T.Ramachandran ..

Petitioner Vs.

1. Tahsildar Bhuvanagiri (TK) Cuddalore District.

2. The Block Development Officer Parangipettai, Block Development Office Bhuvanagiri (TK), Cuddalore District.

3. Panchayat President, Periyapattu Periyapattu Village Bhuvanagiri (TK) Cuddalore District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the 3rd respondents in connection with the impugned eviction notice dated 30.11.2022 and quash the same, consequently forbear the respondents herein, their men and subordinates or any other persons claiming through them from in any manner interfering with our peaceful possession and enjoyment from portion of survey No. 62/2,

63/2 and 74/1 at Periyapattu revneue village, Bhuvangiri (TK) Cuddalore (DT) without following the due process of law. For the Petitioner : Mr.V.Neethidurai For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R1 and R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.V.Neethidurai, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for respondent Nos.1 and 2.

2. Learned State Government Pleader submits that the competent authority will issue notice to the petitioner under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, soliciting reply from the petitioner. After the reply is filed by the petitioner, the same would be considered before proceeding under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The impugned notice would not be acted upon.

3. In view of the said submission, no further orders are necessary in the present writ petition. The writ petition, accordingly, stands disposed of. There shall be no orders as to costs. Consequently, W.M.P.No.11973 of 2024 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 23.04.2024 Index :

Yes/No :

Yes/No drm To

1. Tahsildar Bhuvanagiri (TK) Cuddalore District.

2. The Block Development Officer Parangipettai, Block Development Office Bhuvanagiri (TK), Cuddalore District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 23.04.2024