Velu, v. The Member Co-Ordinator,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No.34790 of 2015 and M.P. Nos.1 and 2 of 2015 Velu ... Petitioner Vs.
1.
The Member Coordinator/Assistant Director Fisheries District Level Committee Villupuram The District Collector Villupuram District The Forest Range Officer Tindivanam Forest Range Office Villupuram District The Tahsildar O/o the Tahsildar Marakkanam Villupuram District The Village Administrative Officer No.221, Nadukuppam Village Tindivanam Taluk Villupuram District ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the 4th respondent i.e., the Tahsildar, Marakkanam, culminating in A2/852/2015 dated 24.07.2015, quash the same and
further direct the respondents not to take take any coercive steps from evicting the petitioner from the shrimp farm in Survey No.650.2, 650.1, an extent of 0.90.0 Nadukuppan (East) Village, Marakkanam Taluk, Villupuram District. For petitioner : Mr. K. Balakrishnan For RR 1,2,4 and 5 : Mr. N. Sakthivel Government Advocate
ORDER
(made by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for respondents 1,2,4 and 5. With the consent of the learned counsel for the petitioner and the learned Government Advocate appearing for respondents 1,2,4 and 5, the writ petition is taken up for final disposal, at the admission stage itself.
This writ petition is filed assailing the notice dated 24 July 2015 issued by the fourth respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (for short "the Act") and to forbear the respondents from evicting the petitioner from the shrimp farm in Survey No.650.2 and 650.1 to an extent of 0.90.0 at Nadukuppam (East) Village, Marakkanam Taluk, Villupuram District.
Concededly, the impugned notice issued under Section 7 of the Act is in the form of a show cause notice. In such view of the matter, we do not find any reason to interfere with the impugned notice, at this stage. Further, in response to the impugned notice, the petitioner has already submitted his reply on 16 August 2015, which is still pending consideration. According to the learned Government Advocate, the petitioner's aforestated representation would be considered on merits and in accordance with law before passing final orders under Section 6 of the Act, if need be.
In view of the aforesaid submission of the learned Government Advocate, it is ordered accordingly. Needless to state that no consequential action shall be taken without a proper order being passed under Section 6 of the Act.
6.
The writ petition stands disposed of with the above observations. No costs. Connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cad To 1.
The Member Coordinator/Assistant Director Fisheries District Level Committee, Villupuram The District Collector Villupuram District The Forest Range Officer Tindivanam Forest Range Office Villupuram District The Tahsildar O/o the Tahsildar Marakkanam Villupuram District The Village Administrative Officer No.221, Nadukuppam Village Tindivanam Taluk Villupuram District +1cc to Mr.K.Balakrishnan, Advocate, S.R.No.59643 W.P. No.34790 of 2015 SV(CO) CA(16/11/2015)