Jayavelu v. The District Collector
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.21021 of 2025 Jayavelu
...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 Tamil Nadu Land Encroachment Act, 1905 and quash the same.
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For Petitioner : Mr.S.John Josh For Respondents : Mr.S.J.Mohamed Sathik, Government Advocate ****
O R D E R
(Order of the Court was 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.
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5. The Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S., J.) (V.L.N., J.) 21.05.2025 dsa/jv Index : Yes / No : Yes / No Speaking order / Non-Speaking order To:- 1.The District Collector, Thiruvallur District, Thiruvallur.
2.The Revenue Inspector, Uthukottai Taluk, Thiruvallur District.
3.The Tahsildar, Uthukottai Taluk, Thiruvallur District.
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G.R.SWAMINATHAN, J.
and V.LAKSHMINARAYANAN, J.
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