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Madras High CourtWP/12712/2022disposed of

Jayalakshmi v. The Tahsildar,

2022-05-12Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.05.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.NO.12712 OF 2022 & W.M.P.NOS.12173 & 12175 OF 2022 Jayalakshmi ... Petitioner .Vs.

1. The Tahsildar,

2. The Revenue Inspector, Vayalanallur Firka,

3. The District Collector,

4. Kishore Kumar Reddy ... Respondents PRAYER:- Petition under Article 226 of the Constitution of India for issue of a Writ of Certiorari to call for the records of the impugned notice dated 09.04.2022 issued by the 2nd respondent and quash the same.

For Petitioner :

Mr.S.Veeraraghavan For Respondents :

Mr.J.Ravindran Additional Advocate General Assisted by Mr.D.Ravichander Special Government Pleader For R1 to R3

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN,J.) The writ petition is filed challenging the notice dated 09.04.2022 issued by the 2nd respondent and to quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Advocate General appearing for respondents 1 to 3.

3. Considering the nature of relief to be granted, issuance of notice to the 4th respondent is dispensed with.

4. The petitioner is stated to be managing a temple. The petitioner has been served with a notice under Section 7 of Tamil Nadu Land Encroachment Act, 1905. The petitioner has submitted her objections in response to the same.

5. Considering the facts and circumstances of the case, we direct the 1st respondent to hold an enquiry in the light of the petitioner's objections and thereafter pass appropriate orders, on merits and in accordance with law. Till such orders are passed by the 1st respondent, the petition mentioned temple shall not be demolished. We make it clear that we have not gone into the merits of the matter.

6. The writ petition is disposed of accordingly. No costs. Connected W.M.Ps are closed.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar nv/arr To 1.

The Tahsildar,

2.

The Revenue Inspector, Vayalanallur Firka, 3.

The District Collector, +1cc to Mr.S.Veeraraghavan, Advocate, S.R.No.31401 +1cc to the Government Pleader, S.R.No.31507 W.P.NO.12712 OF 2022 AD(CO) PBS/20/05/2022