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Madras High CourtWP/23061/2023disposed of

S.Manivannan v. The District Collector

2023-08-07Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Manivannan : Petitioner versus 1.The District Collector, Tiruppur District.

2.The Revenue Inspector, Sankarandampalayam Sub Division, Dharapuram Taluk, Tiruppur District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of roder in Notice dated 06.07.2023 on the file of 2nd respondent herein and quash the same and consequently forbearing the respondents from evicting the petitioner from his land by considering the representation dated 08.07.2023.

For the Petitioner :

Mr.N.Ponraj For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Ponraj, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for the respondents.

2. Learned counsel for the petitioner submits that the land bearing S.No.680/16 is a Natham land. The second respondent has no authority to give notice under Section 7 of the Tamil Nadu Land Encroachment Act.

3. Mr.P.Muthukumar, learned State Government Pleader submits that as per the revenue record, the land in S.No.680/16 is a Pathai (pathway) and the authority issuing the notice has the necessary power.

4. The petitioner has already filed a reply. The petitioner can raise all the grounds available to him in the reply. Naturally, before passing an order under Section 6, the reply given by the petitioner

will have to be considered by the authority.

5. As it is only a show-cause notice with disputed questions of fact, we are not inclined to entertain the writ petition.

6. With the aforesaid observation, the writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.22566 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 07.08.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Tiruppur District.

2.The Revenue Inspector, Sankarandampalayam Sub Division, Dharapuram Taluk, Tiruppur District

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

(tar) 07.08.2023