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Madras High CourtWP/34020/2023disposed of

Mr. Prabakar Lenonraj v. The District Collector

2023-12-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.33892 of 2023 Prabakar Lenonraj : Petitioner versus

1. The District Collector, O/o.District Collectorate, Coimbatore District.

2. The Tahsildar, Sulur, Coimbatore District.

3. The Revenue Inspector, Sulur Taluk, Coimbatore District.

4. TVS Residents Welfare Association, Rep. by its President K.Thangaraj.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records pertaining in Notice under Section 6 of Tamil Nadu Land Encroachment Act, 1905 dated 17.08.2023 issued by the 2nd respondent and quash the same. For the Petitioner :

Mr.P.Tamilavel For Respondent Nos.1 to 3 :

Mr.P.Muthukumar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.Tamilvel, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 3.

2. The petitioner is challenging the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

3. The learned State Government Pleader submits that an appeal lies against the said order.

4. In light of that, we are not inclined to entertain the writ petition. The petitioner may file an appeal against the order passed under Section 6 of the Act of 1905. In that event, all contentions are kept open.

5. If an appeal is filed within a period of ten days from today, then, the same be construed to be within limitation.

6. The writ petition is accordingly disposed of. There will be no order as to costs. Consequently, WMP No.33892 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 11.12.2023 Index : Yes/No : Yes/No tar To

1. The District Collector, O/o.District Collectorate, Coimbatore District.

2. The Tahsildar, Sulur, Coimbatore District.

3. The Revenue Inspector, Sulur Taluk, Coimbatore District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 11.12.2023