Madras High CourtWP/27774/2023disposed of

Sathiya v. The District Collector

2023-10-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sathiya ..

Petitioner Vs.

1. The District Collector Nagapattinam.

2. The Tashildar Nagapattinam.

3. The Revenue Inspector Nagapattinam.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records in Section 7 notice issued by the third respondent dated 31.07.2023 under the Land Encroachment Act, 1905 and followed by Section 6 notice issued by the second respondent in Na.Ka.No.4728/2023/AA3 dated 27.08.2023 and quash the same and further direct the first respondent to consider and dispose of the representation of the petitioner for patta in respect of the land situated in S.No.158/8 measuring 350 Sq.feet, Manmathan Kovil Street, No.67, Anthanapettai Post, Nagapattinam Taluk and District.

For the Petitioner : Ms.R.T.Shyamala For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.R.T.Shyamala, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

2. The petitioner is challenging the notice/order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (for brevity, hereinafter referred to as "the Act of 1905").

3. Learned State Government Pleader submits that the petitioner has an alternate liberty available under Section 10 of the Act of 1905.

4. According to learned counsel for the petitioner, three similarly situated persons have been issued with patta, but the application filed by the petitioner for issuance of patta is pending.

5. Be that as it may, all the contentions can be raised in the appeal, provided under Section 10 of the Act of 1905.

6. In the light of that, the writ petition stands disposed of. The petitioner may avail the remedy available under Section 10 of the Act of 1905. The contentions of the respective parties are kept open. There will be no order as to costs. Consequently, W.M.P.No.27263 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Nagapattinam.

2. The Tashildar Nagapattinam.

3. The Revenue Inspector Nagapattinam.

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

(drm) 03.10.2023