Srinivasan M v. The District Collector
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 Srinivasan ..
Petitioner Vs.
1. The District Collector Krishnagiri District.
2. The Revenue Inspector Denkanikotta, Krishnagiri.
3. The Tahsildar Denkanikotta, Krishnagiri.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorari to call for records of the proceedings in Na.Ka.5475/2023.A3 dated 16.08.2024 on the file of the 3rd respondent issued under Section 6 of the Act, 1905 and quash the same as illegal, incompetent and without jurisdiction. For the Petitioner : Ms.R.Poornima For the Respondents : Mr.K.Karthik Jegannath Government Advocate
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner challenges the notice issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
2. Learned counsel for the petitioner submitted that the petitioner has mistakenly made a representation to the District Collector, who is the appellate authority, as against the order passed by the Tahsildar under Section 6 of the Act, which was not in a proper format of appeal. Therefore, she seeks time to file the appeal under Section 10 of the Act and for an interim order of protection till such time.
3. Considering the facts and circumstances of the case, we are inclined to grant two weeks' time to the petitioner to file an appeal before the District Collector. Till then, the respondents shall maintain status quo.
4. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.28245 and 28246 of 2024 are closed.
(D.K.K., ACJ.) (P.B.B., J.) 05.09.2024 Index :
Yes/No Yes/No kpl To
1. The District Collector Krishnagiri District.
2. The Revenue Inspector Denkanikotta, Krishnagiri.
3. The Tahsildar Denkanikotta, Krishnagiri.
D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.
(kpl) 05.09.2024