R.Subbulakshmi, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and WMP.No.22536 of 2019 R.Subbulakshmi ..

Petitioner ..vs..

1. The District Collector, Erode District.

2. The Commissioner, Erode Corporation, Erode.

3. The Assistant Commissioner Zone-IV, Erode Corporation Erode.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records on the file of the 2nd respondent in relation to eviction order dated 13.07.2019 passed under Section 6 of the Tamil Nadu Land Encroachment Act 1905, in respect of the petitioner's housing property situate in Site 1/4

No.46, bearing Door No.64, Poyyerkkarai Street, Gandhiji Road, Erode 638 001, located in Ward-E, Block-21, comprising in T.S.No.27/3 of Erode Town, quash the same.

For Petitioner : Mr.P.Vetrivel for Mr.B.Mohan For Respondents : Mr.J.Ravindran Additional Advocate General, Assisted by Mr.A.Selvendran (R1) Special Government Pleader Mr.Rajamathivanan (R2) ***

O R D E R

(Order of this Court was made by S.VAIDYANATHAN, J) This Writ Petition has been filed challenging the eviction order dated 13.07.2019 passed by the 2nd respondent under Section 6 of the Tamil Nadu Land Encroachment Act 1905, in respect of the petitioner's housing property situate in Site No.46, bearing Door No.64, Poyyerkkarai Street, Gandhiji Road, Erode 638 001, located in Ward-E, Block-21, comprising in T.S.No.27/3 of Erode Town, quash the same. 2/4

2. During the pendency of the Writ Petition, the Petitioner moved the Appellate authority viz., the District Collector under Section 10 of the Tamil Nadu Encroachment Act, 1905 (in short 'the Act'), challenging the notice issued under Section 7 of the Act and the Appellate authority dismissed the Appeal on the ground of delay vide order dated 09.06.2022.

3. A reading of entire Section would reveal that the Appellate authority has got powers. Since the order of the original authority got merged with the Appellate authority, the Writ Petitioner has to challenge the same and we are not inclined to grant any relief in this Writ Petition.

In view of the same, this Writ Petition stand closed with liberty to the petitioner to challenge the order of the Appellate authority before the appropriate forum, in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.

[S.V.N., J.,] [K.R.S., J] 06.11.2023 Index: Yes / No arr 3/4

S.VAIDYANATHAN,J and K.RAJASEKAR, J arr To

1. The District Collector, Erode District.

2. The Commissioner, Erode Corporation, Erode.

3. The Assistant Commissioner Zone-IV, Erode Corporation Erode.

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