P.Azhagesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P.Nos.23230, 23231 and 23234 of 2019 P.Azhagesan .. Petitioner in W.P.No.23230/2019 T.Lurdhu Marie Caroline .. Petitioner in W.P.No.23231/2019 J.Jaganathan .. Petitioner in W.P.No.23234/2019 -vs1. The District Collector,

2. The Tahsildhar, Kancheepuram Distirct.

3. Revenue Inspector, Chingleput Firka, .. Respondents in all WPs.

Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records pertaining to the impugned order having reference Nil dated 21.07.2019 on the file of the 2nd respondent and quash the same.

For Petitioners : Mr.K.Venkatesan for M/s.Subramanian For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.K.Venkatesan, learned counsel for the petitioners and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) for the respondents.

2. The case of the petitioners is that they have received notices under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 in relation to the property situated in Survey Nos.96/7, 96/8 and 96/1 respectively at Alapakkam Village, Chengalpattu Taluk. The prayer of the petitioners is that the said notices be quashed.

3. As against the notices issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioners have an efficacious alternate remedy of preferring appeals under Section 10 of the said Act. The petitioners have not exhausted the alternate remedy.

4. Since the petitioners have efficacious alternate remedy, we are not inclined to interfere and the petitioners are relegated to the remedy of preferring appeals.

5. In view of the above, the writ petitions are dismissed. No costs. Consequently, W.M.P.Nos.22922, 22923 and 22925 of 2019 are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bbr To:

1. The District Collector,

2. The Tahsildhar, Kancheepuram Distirct.

3. The Revenue Inspector, Chingleput Firka, copy to: The Section Officer, ER/VR Section, High Court, Madras.

(Registry to return the original notices to the learned counsel for the petitioners) +3 ccs to M/s.K.Subramanian, Advocate, S.R.No.67984 +1 cc to the Government Pleader, S.R.No.68651 to 68653 W.P.Nos.23230, 23231 and 23234 of 2019 BP(CO) SSM(17/09/2019).