Ushadevi Narra v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY & W.M.P.Nos.24842, 24840, 24845, 24950 & 24851 of 2024 Ushadevi Narra ..
Petitioner in WP No.22808/24 Jagadeesh Kumar Narra ..
Petitioner in WP No.22818/24 Vs.
1. The District Collector Office of the District Collector Kancheepuram District Kancheepuram 631 501.
2. The Tahsildar Office of the Tahsildar Kundrathur Taluk Metha Nagar Main Road
3. The Revenue Inspector
Office of the Revenue Inspector ..
Respondents Prayer : Petitions filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for the impugned order of the 2nd respondent bearing No.Nil dated 25.06.2024 and quash the same and consequently forbear the 2nd and 3rd respondents from in any way interfering with the petitioner's peaceful possession and enjoyment of the land and building comprised in S.No.659/7 & 659/8 and S.No.659/9 respectively at Nandambakkam Village, Kundrathur Panchayat, Sriperumbudur Taluk, Kancheepuram District except in accordance with law.
For the Petitioners :
Mr.T.Gowthaman For Mr.B.Pachaiyappan For the Respondents :
Mr.A.Edwin Prabakar State Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Petitions are impugning the notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
2. Without going into the merits of the matter or the details, the following order is passed by consent:
(a) The impugned notice dated 25.06.2024 passed under Section 6 of the Act is hereby quashed and set aside; (b) The notice dated 03.10.2023 in Form VII is also quashed and set aside with liberty to respondents to issue a fresh notice in Form VII;
(c) Petitioners shall submit the original documents to the District Collector not later than 4.30 pm on 04.10.2024; (d) The District Collector shall file a report, as directed by this Court in the order dated 18.09.2024, on or before 30.10.2024. On or before 15.11.2024, fresh notice in Form VII shall be issued, annexing the copy of the report received from the District Collector; (e) Petitioners shall reply to the notice within two weeks thereof;
(f) Thereafter, the authorities shall proceed to pass appropriate orders in accordance with law after giving a hearing to petitioners, notice whereof shall be communicated at least five working days in advance. The order to be passed shall be a reasoned order dealing
with all submissions of petitioners.
3. Petitions are disposed of. The statement of learned counsel for petitioners that the status as it appears from the photograph submitted by learned State Government Pleader on 07.08.2024 shall be maintained is accepted as an undertaking to this Court. There shall be no order as to costs. Consequently, all interim applications are closed. (K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 03.10.2024 Index :
Yes/No :
Yes/No kpl To
1. The District Collector Office of the District Collector Kancheepuram District Kancheepuram 631 501.
2. The Tahsildar Office of the Tahsildar Kundrathur Taluk Metha Nagar Main Road
3. The Revenue Inspector Office of the Revenue Inspector
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(kpl) 03.10.2024