Madras High CourtWP/22714/2023disposed of

N.Shankar v. The District Collector

2023-08-03Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.SHANKAR ..

Petitioner Vs 1 THE DISTRICT COLLECTOR NAMAKKAL DISTRICT, NAMAKKAL.

2 THE TAHSILDAR 3 PACHAIMUTHU THASILDHAR 4 PRABHAVATHI REVENUE INSPECTOR VAIYAPPA MALAI REVENUE FIRKA

5 SIVAGAMI VILLAGE ADMINISTRATIVE OFFICER MARAPARAI VILLAGE ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring that the removal of encroachment by the respondents dated 06.07.2023 in the land comprising S.No.237/12 measuring an extent of 1476 Square Feet of land situated at Maraparai Village, Thiruchengode Taluk, Namakkal District based on the notice dated 06.06.2023 as null and void, unconstitutional and ultra vires.

For the Petitioner : Mr.Ashokkumar for Mr.C.Prabakaran For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.K.Karthik Jagannath Government Advocate for respondents 1 and 2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.Ashokkumar, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.Karthik Jagannath, learned Government Advocate for respondents 1 and 2.

2. Learned counsel for the petitioner submits that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued to the petitioner. The petitioner filed an objection. The same is not considered and the petitioner is wrongfully evicted on 6.7.2023.

3. Learned State Government Pleader submits that order under Section 6 of the Act was passed on 23.6.2023 and thereafter the petitioner was evicted on 6.7.2023 by the Firka Revenue Inspector. Survey No.237/12 is classified as Government Poramboke Sandhu. The petitioner had made encroachment to an extent of 0.0144.0 sq. mtrs. by fencing.

4. Be that as it may, as the order under Section 6 of the Act is already passed, the petitioner has a remedy of appeal under Section 10 of the Act. The petitioner may avail such remedy. In that event, all contentions are kept open.

5. The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.Nos.22163 and 22165 of 2023 are closed.

(S.V.G., CJ.) (P.D.A., J.) 03.08.2023 Index :

Yes/No Yes/No sasi To:

1 THE DISTRICT COLLECTOR NAMAKKAL DISTRICT, NAMAKKAL.

2 THE TAHSILDAR .

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

(sasi) 03.08.2023