Selvaperumal v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P. No.22043 of 2025 in W.P. No.19661 of 2025 Selvaperumal ... Petitioner Vs.

1.The District Collector, District Collectorate, Salem District.

2.The Revenue Tahsildar, 3.The Revenue Inspector, 4.The Village Administrative Officer, U.Maramangalam, ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned eviction notice dated 22.04.2025 Page Nos.1/5

under Section 6 of the Act, issued by the second respondent, quash the same and consequently direct the respondents 1 and 2 to grant patta for S.F.No.35/1 (1.21.0 hectares), U.Maramangalam Village, For Petitioner :

Mr.G.V.Viyyash Kumar

ORDER

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.G.V.Viyyash Kumar, learned counsel on record for writ petitioner sought leave of this Court to withdraw the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) and captioned 'Writ Miscellaneous Petition' (hereinafter 'WMP' for the sake of brevity) thereat but made a plea to preserve all the rights and contentions of the writ petitioner to file a statutory appeal under Section 10 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. To be noted, R1 [District Collector, Salem] is the Appellate Authority. Learned counsel submitted that a 'notice dated 22.04.2025 Page Nos.2/5

issued by R2 [ Revenue Tahsildar, Omalur Taluk, Salem District]' {hereinafter 'impugned notice' for the sake of convenience and clarity) was served on the writ petitioner on the same day and therefore the writ petitioner has to file a statutory appeal along with condonation of delay (CoD) petition and that he will be also filing a stay petition under Section 10-B of said 1905 Act.

2. Learned counsel for writ petitioner has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.3/5

3. In the light of the narrative thus far, captioned WP and captioned WMP are disposed of as withdrawn/closed albeit preserving all the rights and contentions of the writ petitioner (including contentions raised in the instant WP) to be canvassed in the intended statutory appeal and the stay petition thereat. Though obvious, for the sake of specificity, we clarify that if an appeal is filed with CoD petition and stay petition, the same shall be considered by R1 (Appellate Authority) on its own merits and in accordance with law. There shall be no order as to costs.

(M.S.,J.) (H.C.,J.) 03.06.2025 Index : Yes / No mmi To 1.The District Collector, District Collectorate, Salem District.

2.The Revenue Tahsildar, 3.The Revenue Inspector, 4.The Village Administrative Officer, U.Maramangalam, Page Nos.4/5

M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 03.06.2025 Page Nos.5/5