Tmt.Selvi v. The Block Development
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2016
CORAM
THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.P.Nos.39918 to 39922 of 2015 and M.P.Nos.1 to 1 of 2015 Selvi ..
Petitioner in W.P.No.39918 of 2015 Maniammal ..
Petitioner in W.P.No.39919 of 2015 Usha ..
Petitioner in W.P.No.39920 of 2015 Chitra ..
Petitioner in W.P.No.39921 of 2015 P.Ammasi ..
Petitioner in W.P.No.39922 of 2015 Vs.
1.The Block Development Officer (B.Pt), Ulundurpet Block, Ulundurpet & P.O., Villupuram District, PIN 606 107.
2.The President, Kanayar Panchayat, Kanayar P.O., Ulundurpet Taluk, Villupuram District.
..
Respondents in all the W.Ps Common Prayer:
Petitions filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records from the first respondent relating to the notices dated 05.10.2015 and quash the same.
For Petitioner ..
Mr.S.Ayyathurai in all the W.Ps For Respondents ..
Mr.P.Chinnadurai, Govt. Advocate in all the W.Ps COMMON ORDER (Order of the Court was made by SATISH K.AGNIHOTRI, J.) With the consent of the learned counsel for the parties, the writ petitions are taken up for final disposal. 2.The instant writ petitions are filed, impugning the validity and correctness of the notices dated 05 October 2015 issued under the provisions of Section 6 of the Land Encroachment Act.
3.According to the learned counsel appearing for the petitioners, the authority, who issued the impugned notices, is not the competent authority.
4.Be that as it may, a statutory appeal provision is available under Section 10 of the Land Encroachment Act. Thus, there is no reason to exercise the extra ordinary jurisdiction under Article 226 of the Constitution of India, at this stage. 5.The writ petitions are accordingly dismissed, reserving liberty to the petitioners to take recourse to the appellate jurisdiction, if so advised, under the provisions of law. Status quo as obtained today, shall be maintained by the parties, for a period of two weeks. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mmi
To 1.The Block Development Officer (B.Pt), Ulundurpet Block, Ulundurpet & P.O., Villupuram District, PIN 606 107.
2.The President, Kanayar Panchayat, Kanayar P.O., Ulundurpet Taluk, Villupuram District.
+ 5 ccs to Mr.S. Ayyathurai, Advocate SR.2787 W.P.Nos.39918 to 39922 of 2015 CTK(CO) EU 28.1.16