K.Dilli Babu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.05.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.No. 18406 of 2025 and W.M.P.No.20610 of 2025 K.Dilli Babu .. Petitioner vs 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Revenue Inspector, Uthukottai Taluk, Thiruvallur District.

3.The Tahsildar, Uthukottai Taluk, Thiruvallur District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records pertaining to show cause notice dated 22.04.2025 issued by the 2nd respondent under Section 3 (7) of the Tamil Nadu Land Encroachment Act, 1905 and quash the same.

For Petitioner :

Mr.S.John Josh 1/4

For Respondents :

Mr.L.S.M.Hasan Fizal Additional Government Pleader

ORDER

(Made by G.R.SWAMINATHAN., J.) Heard both sides.

2. The petitioner challenges the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905). It is well settled that at this stage, the writ petition is not maintainable. 3.The petitioner states that even without passing the final order under Section 6 of the Act, the respondents are attempting to dispossess him.

4.We make it clear that before passing final order under Section 6 of the Act, the petitioner cannot be dispossessed. In the event of any adverse order being passed against the petitioner, the petitioner can very well avail the appeal remedy.

5.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 2/4

[G.R.S.,J] [V.L.N.,J] 14.05.2025 Index:Yes/No gpa/sli To 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Revenue Inspector, Uthukottai Taluk, Thiruvallur District.

3.The Tahsildar, Uthukottai Taluk, Thiruvallur District.

G.R.SWAMINATHAN, J.

and V. LAKSHMINARAYANAN, J.

gpa/sli 3/4

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