Madras High CourtWP/44275/2016disposed of

N.K.Arumugam, v. The District Collector

2016-12-23Honourable Mr Justice M. Sundar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH and THE HONOURABLE Mr. JUSTICE M.SUNDAR W.P.No.44275 of 2016 and W.M.P.No.38125 of 2016 N.K.Arumugam ... Petitioner Vs.

1.The District Collector, Erode District, Erode.

2.The Tahsildar, Office of the Tahsildar, 3.The Land Revenue Inspector, 4.The Village Administrative Officer, 5.The Block Development Officer, ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari calling for the records pertaining to the impugned order dated 24.11.2016 issued by the fifth respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and the order dated 09.12.2016 issued by the fifth respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 in respect of the house property comprised in R.S.No.522/18, Thingalur Vilage, Perundurai Taluk, Erode District, quash the same.

For Petitioner : Mr.D.Gopal For Respondents : Mr.R.Vijayakumar Addl. Government Pleader

O R D E R

(Order of the Court was made by M.M.SUNDRESH, J.) Admittedly, the order impugned dated 09.12.2016 is appealable under the Tamil Nadu Land Encroachment Act, 1905. In such circumstances, we are not inclined to entertain the present writ petition. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to file the statutory appeal as provided under the Act within a period of four weeks from the date of receipt of copy of this order. As and when the statutory appeal is preferred, the Appellate Authority shall entertain the appeal without insisting the period of limitation. No costs. Consequently, W.M.P.No.38125 of 2016 is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To 1.The District Collector, Erode District, Erode.

2.The Tahsildar, Office of the Tahsildar, 3.The Land Revenue Inspector,

4.The Village Administrative Officer, 5.The Block Development Officer, +1cc to the Government Pleader Sr.76329 +1cc to Mr.D.Gopal, Advocate SR.76107 W.P.No.44275 of 2016 nrjk[co] srg 19/01/2017