Mr. Prabakar Lenonraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Prabakar Lenonraj ..

Petitioner Vs.

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

2. The Tahsildar Sulur, Coimbatore District.

3. The Revenue Inspector Sulur Taluk Coimbatore District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records pertaining in notice dated 21.09.2021 issued by the third respondent consequent order dated 21.09.2020 in Na.Ka.3067/2021/A4 issued by the second respondent and quash the same.

For the Petitioner : Mr.P.Tamilavel For the Respondents : Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.Tamilavel, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. The petitioner is issued with the notice under Section 7 of the Tamil Nadu Land Encroachment Act.

3. According to learned counsel for the petitioner, the land in question is a Grama Natham land. As such, the provisions of the Tamil Nadu Land Encroachment Act would not apply.

4. Notice in question is only a show cause notice under Section 7 of the Act. The petitioner is at liberty to file his reply to the said notice. The authority is bound to consider the defence raised by the

petitioner in his say to the show cause notice before proceeding under Section 6 of the Act.

5. In view of that, the petitioner may file his reply to the show cause notice within seven days from today. Upon receipt of the reply, the authority shall consider the grounds raised by the petitioner including the authority to issue notice under Section 7 of the Act, before taking any decision under Section 6 of the Act.

6. It is made clear that we have not considered the merits of the contentions. They are kept open.

7. The writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.29815 of 2021 is closed. (S.V.G., CJ.) (P.D.A., J.) 26.07.2023 Index :

Yes/No :

Yes/No kpl

To

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

2. The Tahsildar Sulur, Coimbatore District.

3. The Revenue Inspector Sulur Taluk Coimbatore District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 26.07.2023