G.Dhaveethu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP Nos.19406 and 19408 of 2023 G.Dhaveethu .. Petitioner -vs1. The District Collector, Tiruvallur District, Office of District Collector, Tiruvallur - 602 001.

2. The Revenue Divisional Officer, Revenue Divisional Office of Thiruttani, Kasinathapuram, Tiruttani-631 209.

3. The Tahsildar, Office of the Tahsildar, Tiruttani-631 209.

4. The Inspector of Police, Thiruvallangadu-631 210.

5. The Principal, St.Joseph-s Matriculation Higher Secondary School, Veerakoil, Veeraragavapuram P.O., Thiruvalangadu Via, Thiruvallur-631 210.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the order of the 3rd respondent bearing Proceedings in Na.Ka.No.281/2022/A1 dated 20.06.2022, signed on 20.06.2023 and quash the same as illegal and improper, and consequently directing the respondents to remove the debris in the Car Track in S.No.89/18, 90/10 and 96/25 in Veeraragavapuram, Tiruttani Taluk, Tiruvallur District and restore the same in its original position. For the Petitioner :

Mr.P.Suresh Babu For the Respondents :

Mr.P.Muthukumar, State Government Pleader, For RR 1 to 4 :

Mr.M.Rajasekaran For R-5 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.P.Suresh Babu, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for the official respondents so also Mr.M.Rajasekaran, learned counsel for respondent no.5

2. The petitioner challenges the order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 dated 20.06.2023.

3. The learned State Government Pleader submits that the petitioner has a remedy against the said order.

4. In light of that, we are not inclined to entertain the writ petition. The petitioner may file an appeal within a period of seven days from today. For a period of seven days, in case the alleged encroachment of the petitioner is not removed, then the same shall not be removed. However, on lapse of seven days, the protection granted by this Court shall come to an end.

The writ petition is, accordingly, disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.V.G., CJ.) (P.D.A., J.) 17.07.2023 Index : yes/no : Yes/No sra

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

(sra) To:

1. The District Collector, Tiruvallur District, Office of District Collector, Tiruvallur - 602 001.

2. The Revenue Divisional Officer, Revenue Divisional Office of Thiruttani, Kasinathapuram, Tiruttani-631 209.

3. The Tahsildar, Office of the Tahsildar, Tiruttani-631 209.

4. The Inspector of Police, Thiruvallangadu-631 210.

17.07.2023