Chinnaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.30465 of 2022 Chinnaraj S/o Ponraj ..
Petitioner v.
1. The District Collector Dharmapuri
2. The District Revenue Officer Dharmapuri
3. The Revenue Divisional Officer Pennagaram Division Dharmapuri
4. The Tahsildar
5. The Revenue Inspector Sunjalnatham ..
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Form-III notice dated 19.09.2022 in Ref:nil issued by the 5th respondent and quash the same and consequently direct the respondents to consider the petitioner's representation dated 29.09.2022. For Petitioner ::
Mr.M.Selvam For Respondents ::
Mr.P.Muthukumar State Government Pleader for R1 to R5
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed challenging the impugned notice dated 19.09.2022 issued by the Revenue Inspector, Sunjalnatham under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 calling upon the petitioner to appear for an enquiry either in person or through written representation on or before 05.10.2022 to show cause as to why he should not be evicted from the Survey No.714/5 classified as Anadeenam pathway
to an extent of 0.08.0 ares, for proceeding further under Section 6 of the said Act.
2. Heard both sides.
3. This Court is not inclined to entertain the writ petition, for the simple reason that the impugned notice has specifically mentioned what is the extent of land encroached by the petitioner in the Anadeenam pathway and the said fact has also been clearly admitted by the petitioner in paragraph-2 of the affidavit filed in support of the writ petition. Therefore, when the petitioner is admittedly an encroacher, finding no infirmity in the impugned order, the writ petition stands dismissed. Consequently, W.M.P.Nos.29894 & 29896 of 2022 are also dismissed. No costs. Speaking/Non speaking order (T.R.,A.C.J.) (D.K.K.,J.) Index : yes/no 17.11.2022 ss
To
1. The District Collector Dharmapuri
2. The District Revenue Officer Dharmapuri
3. The Revenue Divisional Officer Pennagaram Division Dharmapuri
4. The Tahsildar
5. The Revenue Inspector Sunjalnatham
THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR,J.
ss W.P.No.30465 of 2022 17.11.2022