M.Moorthy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2024 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.29066 of 2024 & W.M.P.No.32042 of 2024 in W.P.No.29066 of 2024 M.Moorthy S/o.Mannangkatti .. Petitioner vs
1. The District Collector Thiruvallur District
2. The Tahsildar Avadi Taluk (Paruthipattu Village) Avadi, Thiruvallur District
3. The Assistant Executive Engineer Avadi Taluk Avadi, Thiruvallur District .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the entire records on the file of second respondent relating to the impugned notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 dated nil and quash the same as illegal, unwarranted and inoperative in law. For Petitioner :
Mr.R.Venkatesan For Respondents :
Mr.V.Ravi Special Government Pleader for R1 to R3
O R D E R
(Order of the Court was made by M.SUNDAR, J.) Captioned writ petition arises under the 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)', which shall hereinafter be referred to as 'said Act' for the sake of convenience and clarity.
2. The writ petitioner has challenged an order /notice under Section 6 of said Act and a scanned reproduction of the same is as follows:
The aforementioned notice/order shall hereinafter be referred to as 'impugned order' for the sake of convenience and clarity.
3. In the previous listing on 14.10.2024 before another Hon'ble Division Bench, the following proceedings were made:
4. Today, Mr.R.Venkatesan, learned counsel for writ petitioner and Mr.V.Ravi, learned Special Government Pleader for all the three respondents are before us.
5. Learned State counsel, on instructions, adverting to aforereferred earlier proceedings dated 14.10.2024 submitted that show-cause notice under Section 7 of said Act has in fact been served and learned State counsel has placed before us a copy of Section 7 notice together with what according to State counsel is endorsement showing service on the writ petitioner. A scanned reproduction of the same is as follows:
6. In the light of the narrative thus far, the point is fairly simple as the impugned order is appealable and a statutory appeal against the impugned order is available. The statutory Appellate Authority is R1
(District Collector, Thiruvallur District) and the statutory appeal is under Section 10 of said Act. There is also a provision for making an interim prayer under Section 10-B of said Act. Therefore, it would be appropriate to leave open the question of service of Section 7 notice (as it turns on factual disputations) and relegate the writ petitioner to statutory appeal remedy. To be noted, the order in appeal to be made by the appellate authority is further revisable by way of a revision to the Government under Section 10-A of said Act and pending revision also, there is a provision for interim order under Section 10-B. This Court reminds itself that it has repeatedly held that said Act is a self-contained code owing to such a mechanism whereby there is a provision being show-caused followed by an order under Section 6, which is appealable under Section 10 of said act and further revisable under Section 10-A {10-A of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) to be precise}' with provision for interim order under
Section 10-B pending appeal / revision.
7. In the light of the narrative thus far, without expressing any opinion or view one way or the other on alleged encroachment, we leave it open to the writ petitioner to prefer an appeal under Section 10 of said Act. In the appeal, if there is delay and if condonation of delay application is taken out and if exclusion of time spent in the instant writ petition is sought, all that will be in the domain of the Appellate Authority. In other words, the Appellate Authority can decide condonation and exclusion of time issue on its own merits and in accordance with law.
Captioned writ petition disposed of in the aforesaid manner. Consequently, captioned WMP thereat is disposed of as closed. There shall be no order as to costs.
[M.S.,J] [K.R.S.,J] 12.11.2024 Index: Yes/No
gpa To
1. The District Collector Thiruvallur District
2. The Tahsildar Avadi Taluk (Paruthipattu Village) Avadi, Thiruvallur District
3. The Assistant Executive Engineer Avadi Taluk Avadi, Thiruvallur District
M.SUNDAR,J., and K.RAJASEKAR, J., gpa W.P.No.29066 of 2024 12.11.2024