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Madras High CourtWP/18098/2019dismissed

D.Anandha Kumar @ Saravana Kumar, v. The District Collector,

2019-06-26Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2019 CORAM :

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.18098 of 2019 and W.M.P.Nos.17472 & 17476 of 2019 D.Anandha Kumar @ Saravana Kumar .. Petitioner v.

1 The District Collector Nilgiris District, Nilgiris.

2 The Tahsildar Coonoor Taluk, Coonoor - Nilgiris District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue of Writ of Certiorarified Mandamus, calling for the records comprised in the proceedings of the 1st respondent bearing RC U2 No.3565/2019, dated 08.03.2019 and quash the same and consequently forbear the respondents from in any manner disturbing the peaceful possession and enjoyment of the property situate in Survey No.B/59/4 measuring about 0.00.16 Hectares situate in Coonoor.

For Petitioner : Mr.T.T.Ravichandran For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c)

ORDER

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition challenging the order passed by the 1st respondent, the District Collector, under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

2. Admittedly, the petitioner got remedy by way of a Revision before the Government under Section 10-A of the Act. https://hcservices.ecourts.gov.in/hcservices/

The petitioner, without exhausting the revisional remedy, has approached this Court by way of the Writ Petition, which we are not inclined to entertain. However, it is open to the petitioner to challenge the order passed by the District Collector before the State Government under Section Section 10A of the Tamil Nadu Land Encroachment Act.

3. In view of the reasons stated above, the Writ Petition is dismissed.

No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Rj To 1 The District Collector Nilgiris District, Nilgiris.

2 The Tahsildar Coonoor Taluk, Coonoor - Nilgiris District.

+1 cc to The Government Pleader, Sr.No. 53545 W.P. No.18098 of 2019 and W.M.P.Nos.17472 & 17476 of 2019 VBA(CO) CSL/10.07.2019 https://hcservices.ecourts.gov.in/hcservices/