D.Kumar v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.NO.17306 OF 2025 AND WMP NO.19614 OF 2025 D.Kumar ...

Petitioner Vs.

The State by :

1.The District Collector The Collector Office Ranipet District.

2.The Revenue Divisional Officer The Revenue Divisional Office Arakkonam.

3.The Tahsildar The Taluk Office Arakkonam, Ranipet District.

4.The Revenue Inspector Arakkonam, Ranipet District.

...

Respondents Page No.1 of 4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of writ of certiorari, to call for the records of the 3rd respondent impugned notice in Chennai III Act 1905 under Section 6, dated 22.04.2025 and quash the same.

For Petitioner :

Mr.V.Raghavan For Respondents :

Mr.S.J.Mohamed Sathik Government Advocate

O R D E R

(Order of the Court was made by N.Mala, J.) This writ petition has been filed in the nature of a Certiorari, seeking records relating to the impugned notice dated 22.04.2025 issued by the third respondent under Section 6 of the Chennai III Act, 1905 and to quash the same.

2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3.The learned Government Advocate for the respondents submits that the petitioner has approached this Court without exhausting the alternative remedy of filing an appeal under Section 10 of the Land Encroachment Act, 1905.

Page No.2 of 4

4.The learned counsel for the petitioner submits that the petitioner may be given liberty to file an appeal under Section 10 of the Land Encroachment Act, 1905, and the respondents may be directed to not to disturb the petitioner's peaceful possession till then. 5.In view of the submissions made by the learned counsel for the petitioner, permission is granted to the petitioner to file an appeal under Section 10 of the Land Encroachment Act, 1905, before the respondents within a period of two weeks from the date of receipt of a copy of this order. Till such time, a further direction is issued to the respondents not to disturb the petitioner's peaceful possession. 6.The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [N.M., J.] [G.A.M., J] 08.05.2025 TK/ASI Page No.3 of 4

N.MALA, J.

AND G.ARUL MURUGAN, J.

TK/ASI To 1.The District Collector The Collector Office Ranipet District.

2.The Revenue Divisional Officer The Revenue Divisional Office, Arakkonam.

3.The Tahsildar The Taluk Office Arakkonam, Ranipet District.

4.The Revenue Inspector Arakkonam, Ranipet District.

W.P.NO.17306 OF 2025 AND WMP NO.19614 OF 2025 08.05.2025 Page No.4 of 4