Navaneethamma v. The Revenue Inspector Of Thally

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NO.19367 OF 2021 AND W.M.P.NOS.20658 AND 20659 OF 2021 1.Navaneethamma 2.Baghyalakshmi

...Petitioners

Vs.

1.The Revenue Inspector of Thally, Office of the Revenue Inspector, Thally Post, Denkanikota Taluk, Krishnagiri District.

2.The Tahsildar of Denkanikota Taluk, Office of the Tahsildar, Denkanikota Post and Taluk, Krishnagiri District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Hosur, 4.The District Revenue Officer, Krishnagiri.

5.The District Collector of Krishnagiri, Collectorate, Krishnagiri.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records relating to the impugned notice of the first respondent namely, the Revenue Inspector of Thally dated 27.08.2021 under Section 7 of Tamil Nadu Land Encroachment Act (III) of 1905 and quash the same. For petitioner :

Mr.V.Nicholas For respondents :

M/s.Akila Rajendran Govt. Advocate

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) This writ petition has been filed to quash the notice issued by the first respondent under Section 7 of the Tamil Nadu Land Encroachment Act (III) of 1905 (hereinafter referred to as the Act).

2.The case of the first respondent is that the petitioners have encroached on the land in S.No.312 which has been classified as 'Vandipathai'.

3.The learned counsel appearing for the petitioners would state that the petitioners are the owners of the land in S.No.312/2 to an extent of 3.89 acres and there is no encroachment in the Government land.

4.Since the petitioners have already submitted a reply to the notice issued by the first respondent, it is for the petitioners to participate in the enquiry to be conducted by the first respondent. Hence, we are of the opinion that the present writ petition is premature and it is not maintainable at this juncture.

5.Accordingly, this writ petition is dismissed giving liberty to the petitioner to participate in the enquiry. It is made clear that the first respondent shall pass orders under Section 6 of the Act after affording ample opportunity to the petitioners. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar skn To 1.The Revenue Inspector of Thally, Office of the Revenue Inspector, Thally Post, Denkanikota Taluk, Krishnagiri District.

2.The Tahsildar of Denkanikota Taluk, Office of the Tahsildar, Denkanikota Post and Taluk, Krishnagiri District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Hosur.

4.The District Revenue Officer, Krishnagiri.

5.The District Collector of Krishnagiri, Collectorate, Krishnagiri.

+1cc to Mr.V.Nicholas, Advocate SR.No.46420 +1cc to the Government Pleader SR.No.46866 W.P.No.19367 of 2021 and W.M.P.Nos.20658 and 20659 of 2021 GSM(CO) RVM(29/10/2021)