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Madras High CourtWP/28432/2023disposed of

Kaliyappan v. The District Collector

2023-09-27Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2023 CORAM :

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

Petitioner Vs.

1. The District Collector Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer Harur, Dharmapuri District.

3. The Tahsildar Harur, Dharmapuri District.

4. The Block Development Officer Harur, Dharmapuri District.

5. Alaguraman ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to remove the encroachment on the land belonging to the Government is concerned in Survey No.11/2 to the extent of 2.70 acres in Vengiyampatti Village, Harur Taluk, Dharmapuri District, action for eviction if any can be taken only by the appropriate authority and by following the procedure contemplated under the Tamil Nadu Land Encroachment Act, 1905.

For the Petitioner : Mr.M.Sasikumar For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Sasikumar, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for R1 to R4.

2. Learned counsel for the petitioner submits that a notice is issued for eviction. The petitioner is not an encroacher and further submitted that no show-cause notice was issued.

3. The impugned notice shall be construed as a show-cause notice. The petitioner shall file a reply within a period of seven days from today. The respondent Authority shall consider the reply filed by the petitioner and thereafter take further steps in accordance with law.

If the reply is not filed within seven days, the respondent authorities are entitled to proceed further.

4. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 27.09.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer Harur, Dharmapuri District.

3. The Tahsildar Harur, Dharmapuri District.

4. The Block Development Officer Harur, Dharmapuri District.

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

(drm) 27.09.2023