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Madras High CourtWP/6623/2016dismissed

K.Rajagopal, v. The Revenue Inspector,

2016-02-26Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.6623 of 2016 K. Rajagopal Petitioner Vs.

The Revenue Inspector Palladam Sub Taluk Palladam Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for records of the respondent notice dated 27.01.2016 and quash the same. For petitioner Mr. N. Vignesh For respondent Mrs. A. Srijayanthi Special Government Pleader

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the respondent.

This writ petition calls in question, the justifiability of the notice dated 27 January 2016 issued by the respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.

Admittedly, the impugned notice is in the form of a show cause notice calling upon the petitioner to explain as to why he should not be removed from the land in question, which is allegedly a Government property.

Thus, inasmuch as the impugned notice itself is in the form of a show cause notice, no cause of action has arisen for the petitioner to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, this writ petition stands dismissed as being premature. However, the petitioner is at liberty to submit his objection/reply to the impugned notice, if so advised. Costs made easy. Connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar cad To The Revenue Inspector Palladam Sub Taluk Palladam 1 cc to M/s.B. Nedunchezhian, Advocate, Sr. 12835 1 cc to the Government Pleader, Sr. 12586 W.P. No.6623 of 2016 MP (CO) kk 11/3 https://hcservices.ecourts.gov.in/hcservices/