T.Suthakar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.32191 of 2012 and M.P.No.1 of 2012 T.Suthakar ... Petitioner -VsThe Tashildar Madavaram Taluk, Madavaram, Thiruvallur District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records of the respondent relating to the notice under Section 7 of the Tamilnadu Land Encroachment Act and consequential notice issued under Section 6 of the Tamilnadu Land Encroachment Act in Na.Ka.No.8837/2012 A1 dated .09.2012 signed on 07.11.2012 with regard to S.No.1471/1C4 northern half measuring 1100 sq.ft. with building thereon bearing municipal door No.36-A, P.R.H. Road Lakshmipuram, Madavaram Village, Chennai 99, quash the same. For Petitioner :

Mr.M.S.Palaniswamy For Respondents :

Mr.R.Vijayakumar Additional Government Pleader

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for the petitioner, we are of the view that the petitioner must exhaust the appeal remedy against the impugned order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and the jurisdictional issue can also be raised before the appellate authority. A period of fifteen (15) days is granted to file the appeal and the appeal shall be disposed of on merits within a period of two (2) months thereafter.

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Writ petition is, accordingly, disposed of. No costs. Consequently, M.P.No.1 of 2012 stands closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sra To The Tashildar Madavaram Taluk, Madavaram, Thiruvallur District.

W.P.No.32191 of 2012 KSJ(CO) CA(18/01/2017) https://hcservices.ecourts.gov.in/hcservices/