Muthulakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Muthulakshmi
...Petitioner
versus 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Revenue Divisional Officer, Dharmapuri, 3.The Tahsildar, Dharmapuri Taluk, Dharmapuri.
4.The Revenue Inspector, Dharmapuri Taluk, Dharmapuri.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorari to call for the records relating to the 1/4
impugned order passed by the third respondent dated 02.05.2024 in Na.Ka.No.2500/2023/A2 and impugned notice of the third respondent dated 06.05.2024 in respect of the property comprised in Survey No.632/1, at Unguranahalli village, Dharmapuri Taluk and District and to quash the same.
For the Petitioner :Mr.C.Prabakaran For the Respondents :Mr.K.Karthik Jagannathan Government Advocate
ORDER
(Order of the Court was made by SATHYA NARAYANA PRASAD, J.) Heard Mr.C.Prabakaran, learned counsel appearing for the petitioner and Mr.K.Karthik Jagannathan, learned Government Advocate, who takes notice for the respondents and perused the materials placed on record.
2. This writ petition is filed challenging the notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and there is an appeal provision to the District Collector, challenging the said notice under Section 10 of the Act. Though the notice is dated 06.05.2024, the petitioner has not chosen to file any appeal before the District Collector till now. 2/4
3. The learned counsel for the petitioner submitted that two weeks time may be granted to him for filing statutory appeal to the District Collector under Section 10 of the Act .
4. In view of the above submission of the learned counsel for the petitioner, though the limitation for filing the appeal before the District Collector ends on 6th June 2024, the petitioner is granted time till 12.06.2024. In the meanwhile, no coercive action be taken by the respondents.
The writ petition is disposed of. There shall be no order as to costs. Consequently, WMP No.15730 of 2024 is closed. [J.S.N.P., J.] [V.L.N., J.] 29.05.2024 Index : Yes/No mrn/gya 3/4
J.SATHYA NARAYANA PRASAD, J.
and V. LAKSHMINARAYANAN, J.
(mrn/gya) To 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Revenue Divisional Officer, Dharmapuri, 3.The Tahsildar, Dharmapuri Taluk, Dharmapuri.
4.The Revenue Inspector, Dharmapuri Taluk, Dharmapuri.
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