K.Rajammal v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.Nos.31652 to 31672 of 2016 and W.M.P.Nos.27460 to 27481 of 2016 K.Rajammal .. Petitioner in WP.No.31652/2016 I.Sivakumar .. Petitioner in WP.No.31653/2016 S.Magadevan .. Petitioner in WP.No.31654/2016 P.Rajeswari .. Petitioner in WP.No.31655/2016 M.Jaya .. Petitioner in WP.No.31656/2016 K.Pazhaniammal .. Petitioner in WP.No.31657/2016 P.Ramadoss .. Petitioner in WP.No.31658/2016 S.Rani .. Petitioner in WP.No.31659/2016 P.Parthiban .. Petitioner in WP.No.31660/2016 P.Vennila .. Petitioner in WP.No.31661/2016 J.Govindarajan .. Petitioner in WP.No.31662/2016 S.Palaniammal .. Petitioner in WP.No.31663/2016 K.Mariyammal .. Petitioner in WP.No.31664/2016 P.Dhanam .. Petitioner in WP.No.31665/2016 R.Ganesan .. Petitioner in WP.No.31666/2016 S.

Vijayalakshmi .. Petitioner in WP.No.31667/2016 S.Manikkam .. Petitioner in WP.No.31668/2016 R.Geetha .. Petitioner in WP.No.31669/2016 J.Jaiganesh .. Petitioner in WP.No.31670/2016 M.Amarvathi .. Petitioner in WP.No.31671/2016 T.Kuppayee .. Petitioner in WP.No.31672/2016 Vs.

1. The State of Tamilnadu rep. by its Secretary Revenue Department Fort St. George Chennai - 600 009.

2. The State of Tamil Nadu rep. by its Secretary Public Works Department Fort St. George Chennai - 600 009.

3. The District Collector

4. The Commissioner Salem Municipal Corporation

5. The Tashildar Salem Taluk

6. The Revenue Inspector Salem Town, Salem.

.. Respondents in all WPs and batch cases.

Prayer in WP.Nos.31652 to 31672/2016:

PRAYER: Petitions under Article 226 of the Constitution of India for issuance of a writ of Certiorari to call for the records of the impugned notice dated 16.8.2016 issued by the sixth respondent and quash the same.

For Petitioners : Mr.N.G.R.Prasad for Mr.M.Rajendiran For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 3, 5 & 6 Mrs.K.Bhuvaneswari for 4th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitions seek to impugn the notice under Section 7 of the Land Encroachment Act, 3 of 1905. On hearing the learned counsel for the petitioners, we find the petitions premature as the petitioners are stated to have already filed a response to the same and no order has been passed one way or the other.

2. At this stage, learned counsel for the petitioners states that post filing of the petitions, an adverse order has been passed. It is also not in dispute that this order is appealable. Thus, the parties will have to exhaust the appellate remedy.

3. Learned counsel for the petitioners states that the appeals would be filed within one week from today. He seeks protection in the meantime.

4. It will be for the appellate authority to consider the issue of interim relief on the appeal being filed after one week. The writ petitions, accordingly, stand disposed of. No costs. Consequently, connected miscellaneous petitions stand closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sasi To:

1. The Secretary State of Tamilnadu Revenue Department Fort St. George Chennai - 600 009.

2. The Secretary State of Tamil Nadu Public Works Department Fort St. George Chennai - 600 009.

3. The District Collector

4. The Commissioner Salem Municipal Corporation

5. The Tashildar Salem Taluk

6. The Revenue Inspector Salem Town, Salem.

+1 cc to M/s.K.Bhuvaneswari Advocate sr 51636 W.P.Nos.31652 to 31672 of 2016 and W.M.P.Nos.27460 to 27481 of 2016 aa22/09/2016