Madras High CourtWP/28957/2024disposed of

A.Seenuvasan v. The Tahsildar

2024-10-14Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.31611 of 2024 Seenuvasan .. Petitioner vs.

The Tahsildar, Cheyyur Taluk, Chengalpattu District.

.. Respondent Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to the order dated 21.8.2024 in Na.Ka.No.108/2024/A1 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 by the respondent herein, quash the same and consequently direct the respondent herein not to take any sort of action under the TN Land Encroachment Act, 1905 with respect to the petitioner Grama Natham property comprised in Survey No.779/1 Old Survey No.693/1 situated at No.103, Koovathur Village, Cheyyur Taluk, Chengalpattu District admeasuring to an extent of 2900 square meters.

For Petitioner : Mr.G.Mageshkumar For Respondents : Mr.A.Edwin Prabakar

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Without going into the merits of the case, learned State Government Pleader, in fairness, as an Officer of the Court, after considering the impugned order, states that the grievance of petitioner that petitioner's submissions were not considered while passing the impugned order appears justified.

2. In view thereof, the impugned order dated 21.8.2024 is quashed and set aside. The matter is remanded to respondent for de novo consideration. Respondent shall pass a reasoned oder dealing with all submissions made by petitioner within six weeks from today. We hasten to add that we have not made any observation on the merits of the case.

3. Before passing an order, respondent shall give a personal hearing to petitioner, notice whereof shall be communicated at least five working

days in advance.

4. Writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, interim application also stands disposed of.

(K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 14.10.2024 Index :

Yes/No NC :

Yes/No bbr To The Tahsildar, Cheyyur Taluk, Chengalpattu District.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

bbr 14.10.2024