Kannupaiyan v. The District Collector

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and WMP No.17887 of 2025 Kannupaiyan

...Petitioner

Vs.

1. The District Collector, Salem, Salem District.

2. The Revenue Inspector, Pottaneri, Salem District 3.The Tahsildar, Mettur, Salem District.

4.The Block Development Officer, Village Panchayat, Mecheeri Panchayat Union, Mecheri, Salem 636 453.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent, dated 1/5

10.03.2025 and quash the same and consequently direct the first respondent to consider the petitioner's representation dated 13.03.2025. For Petitioner :

Mr.M. Venkadesh Kumar For Respondents :

Mr.S.Prabhakaran Government Advocate ****

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. What is under challenge is the notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. It is well settled that against a mere notice, the Writ Petition is not maintainable. The petitioner has to offer his objection before the Authority who issued the notice. In the event of the petitioner suffering an adverse order under Section 6 of the Tamil Nadu Land Encroachment Act, he can always avail the remedies under the relevant statute.

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3. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently the connected miscellaneous petition is closed. (G.R.S., J.) (V.L.N., J.) 21.05.2025 jv/dsa Index : Yes / No : Yes / No Speaking order / Non-Speaking order 3/5

To:-

1. The District Collector, Salem, Salem District.

2. The Revenue Inspector, Pottaneri, Salem District 3.The Tahsildar, Mettur, Salem District.

4.The Block Development Officer, Village Panchayat, Mecheeri Panchayat Union, Mecheri, Salem 636 453.

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G.R.SWAMINATHAN, J.

and V.LAKSHMINARAYANAN, J.

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