M.Poongan, M/A 40 Yrs., v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.28460 of 2016 and WMP.No.24569 of 2016 ---- 1 M.Poongan

...Petitioner

Vs 1 The District Collector O/o. The District Collector Krishnagiri 2 The Tahsildar Taluk Office of Uttangarai Uttangarai Taluk 3 The Revenue Inspector Samalpatti Revenue Firka Uttangarai Taluk Krishnagiri District 4 C.Arul Kumar

...Respondents.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the eviction notice dated 28.07.2016 under Section 6 of Madras Province Land Encroachment Act III, 1905 issued by the Tahsildar of Uttangarai Taluk, Krishnagiri District, the 2nd Respondent herein and quash the same and direct the respondents 1 to 3 herein not to evict the petitioner from the Land and Superstructure of extension about 0.60 Acres vide Survey No. 31, situated at Parasanur Village, Samalpatti Post, Uttangarai Taluk, Krishnagiri District by considering the petitioner's last representation dated 27.07.2016. For Petitioner : Mr.Dalit Tiger G.Ponnusamy For Respondents : Mr.R.Prathapkumar Additional Government Pleader for R1 to R3

O R D E R

(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard Mr.Dalit Tiger C.Ponnusamy, learned counsel for the Petitioner and Mr.R.Prathapkumar, learned Additional Government Pleader appearing for respondents 1 to 3.

2. Challenging the order dated 28.07.2016 issued by the 2nd respondent, the petitioner is before this court, wherein, the petitioner was called upon to evict the land occupied by him which is mentioned in the schedule of the Notice, within 15 days from the receipt of the said Notice stating that the said land belongs to the Government.

3. The impugned notice dated 28.07.2016 is a Section 6 Notice issued under Chennai III Act, 1905 (hereinafter called as "Act"). The petitioner instead of giving reply to the said notice or filing appeal under Section 10-A of the Act, filed this writ petition, seeking to quash the same on the ground that the said land is used by the petitioner from the time of his ancestors for a prolonged period and in such circumstances, the impugned notice came to be issued against her.

4. Without going into the merits, we hereby direct the petitioner to move the District Collector under Section 10-A of the Act. It is for the petitioner to seek remedy by filing appeal and raising all contentions and grounds open to him. The first respondent/District Collector, Krishnagiri, is directed to pass necessary orders on the appeal, to be filed by the petitioner, in accordance with law, within 3 months from the date of filing of appeal by the petitioner.

6. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMP is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1 The District Collector O/o. The District Collector Krishnagiri

2 The Tahsildar Taluk Office of Uttangarai Uttangarai Taluk 3 The Revenue Inspector Samalpatti Revenue Firka Uttangarai Taluk , Krishnagiri District.

+1 cc to Mr.Dalit Tiger C.Ponnusamy, advocate,sr.46701. svi(co) krd 2/9 W.P.No.28460 of 2016