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Madras High CourtWP/25652/2024disposed of

R.Natarajan v. The Tahsildar

2024-09-05Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI R.Natarajan .. Petitioner Vs The Tahsildar, Panruti Taluk, Cuddalore-607 108.

.. Respondent Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent to dispose of the objection letter preferred by the petitioner dated 10.8.2024 in the light of equity.

For the Petitioner : Mr.A.Ansar For Respondent : Mr.T.K.Saravanan Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) In response to the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner submitted his objection on 10.8.2024. Apprehending that without considering the said representation the petitioner would be dispossessed, the petitioner has filed this writ petition seeking issuance of a writ of mandamus commanding the respondent to consider his objection submitted on 10.8.2024.

2. Learned Government Advocate appearing on behalf of the respondent submitted that the objection submitted by the petitioner on 10.8.2024 shall be considered and only, if the explanation is unsustainable, further action in accordance with law would be undertaken.

3. Considering the narrow scope of the prayer made in the writ petition, without expressing any opinion on the merits of the

matter, we dispose of the writ petition with a direction to the respondent to consider the objection submitted by the petitioner on 10.8.2024, on merits and in accordance with law, and pass appropriate orders within three weeks from the date of receipt of a copy of this order. If eventually the explanation submitted by the petitioner is found unsustainable, the respondent shall follow the procedure contemplated under law for removal of the encroachment. There shall be no order as to costs. (D.K.K., ACJ.) (P.B.B, J.) 05.09.2024 Index :

Yes/No NC :

Yes/No sasi To:

The Tahsildar, Panruti Taluk, Cuddalore-607 108.

THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

(sasi) 05.09.2024