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Madras High CourtWP/20620/2023disposed of

Parvathy v. The District Collector

2023-07-13Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Parvathy .. Petitioner versus 1.The District Collector, Dharmapuri District.

2.The District Revenue Officer, Dharmapuri District.

3.The Revenue Divisional Officer, Harur, Dharmapuri District.

4.The Tahsildar, Harur, Dharmapuri District.

5.Prabakaran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records of the fourth respondent in Na.Ka.No.1581/2023/A2 dated 17.06.2023 to quash the same.

For the Petitioner :

Mr.J.Pradeep For the Respondents :

Mr.P.Muthukumar, State Government Pleader,

Assisted by Mrs.R.Anitha, Special Government Pleader, for respondents 1 to 4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.J.Pradeep, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 4.

2. Mr.P.Muthukumar, learned State Government Pleader, on instructions, submits that the respondents have only issued a memo, seeking explanation from the petitioner and thereafter, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 would be issued, and procedure under the said Act would be followed.

3. It is further submitted by Mr.P.Muthukumar, learned State Government Pleader that the memo impugned would not be implemented without following the due process of law.

4. As statement is made now that notice under Section 7 of the Act would be issued to the petitioner, the petitioner may file his reply to the said notice and the respondents may take further course of action in accordance with law.

5. With the aforesaid observation, the Writ Petition is disposed of. There will be no order as to costs. Consequently, WMP Nos.20001 and 20002 of 2023 are closed.

(S.V.G., CJ.) (P.D.A., J.) 13.07.2023 Index : yes/no : Yes/No tar To:

1.The District Collector, Dharmapuri District.

2.The District Revenue Officer, Dharmapuri District.

3.The Revenue Divisional Officer, Harur, Dharmapuri District.

4.The Tahsildar, Harur, Dharmapuri District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 13.07.2023