S.Rajeswari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.36203 of 2024 in S.Rajeswari S/o.Sasikumar ... Petitioner Vs.
1.
The District Collector O/o. The District Collector Gopalapuram Coimbatore - 641 018.
2.
The District Revenue Officer O/o. The District Revenue Officer Coimbatore.
3.
The Tahsildar Annur - 641 653 4.
The Land Revenue Inspector Annur North Page Nos.1/6
... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to notice dated 02.09.2024 issued by the 4th respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (Act III / 1905) and quash the same.
For Petitioner :
Mr.R.Amardeep For Respondents :
Mr.M.S.Arasakumar Government Advocate, for R1 to R4
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed assailing a 'notice dated 02.09.2024 issued by the 4th respondent' under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'impugned notice' and 'said 1905 Act' for the sake of brevity}'.
Page Nos.2/6
2. This Court has repeatedly held that 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' which is being referred to as 'said 1905 Act' is a self contained Code. The reason inter-alia is that there is a provision to have the alleged encroacher show caused under section 7 followed by an order (considering the cause shown). The order under section 6 is appealable under section 10 [District Collector is the appellate authority] and there is a provision for further revision to the Government under Section 10-A [Section 10-A(3) to be precise] of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Therefore, said 1905 Act is a self contained Code in every sense of the expression.
3. In the light of the above scenario, learned counsel for writ petitioner sought leave of this Court to withdraw the captioned WP but made a plea to preserve all rights and contentions of writ petitioner to respond to the impugned notice. Request acceded to.
4. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.3/6
5. Let law proceed in accordance with Statute and on merits.
6. In the light of the narrative thus far, captioned WP is disposed of preserving all rights of the writ petitioner in the aforesaid manner. Captioned Writ Miscellaneous Petition is also disposed of. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 15.11.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.4/6
To 1.
The District Collector O/o. The District Collector Gopalapuram Coimbatore - 641 018.
2.
The District Revenue Officer O/o. The District Revenue Officer Coimbatore.
3.
The Tahsildar Annur - 641 653 4.
The Land Revenue Inspector Annur North Page Nos.5/6
M.SUNDAR, J., and K.RAJASEKAR, J., mk 15.11.2024 Page Nos.6/6