N. Sriramulu Reddiar,(Died) v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18679 of 2006 And M.P.Nos.1 of 2006 and 1 of 2008 1.N.Sriramalu Reddiar (Deceased) 2.Sampornamal 3.Hari Priya 4.Gajalakshmi 5.Ananthalakshmi 6.Padmanaban (Petitioners 2 to 6 substituted as LRs in the place of deceased petitioner as per order dated 16.4.13 by STJ in MP 2/07 in WP 18679/06) ... Petitioners Vs.

1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Tahsildar, Cheyyur Taluk, Cheyyur, Kanchipuram District.

3.The Revenue Inspector, Koodur Firka, Cheyyur Taluk, Kanchipuram District.

4.S.Raji, The President, Vettaikkarakuppam Village, Koodur Post, Cheyyur Taluk, Kanchipuram District.

(R4 impleaded as per order dt.10.9.07 by MCJ in MP.1/07 in WP 18679/06) ... Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the 3rd respondent with reference to his notice dt.30.5.2006 issued under Section 7 of Tamil Nadu Land Encroachment Act, 1905 in respect of petitioners house site in Grama Natham S.No.430/5B measuring 766 sq.meters situated Vettaikkarakuppam Village, Koodur Post, Cheyyur Taluk, Kanchipuram District and quash the same.

For Petitioners : Mr.N.Nagu Sah For Respondents : Mr.K.Ravikumar for R1 to R3 Additional Government Pleader Mr.S.Udayakumar for R4

O R D E R

The writ petition has been filed challenging the notice dated 30.05.2006 issued under Section 7 of Tamil Nadu Land Encroachment Act, 1905.

2.Heard the learned counsel appearing for the petitioners, the learned Additional Government Pleader appearing for the respondents 1 to 3 as well as the learned counsel appearing for the fourth respondent.

3.Admittedly, the impugned notice is dated 30.05.2006 and it is only a show cause notice. Though the petitioner has replied to the

show cause notice on 03.06.2006, he has approached this Court by way of this writ petition in the month of June, 2006 itself. Hence, this Court is of the view that this writ petition is pre-mature in nature. 4.Accordingly, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are also closed. 05.04.2018 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Tahsildar, Cheyyur Taluk, Cheyyur, Kanchipuram District.

3.The Revenue Inspector, Koodur Firka, Cheyyur Taluk, Kanchipuram District.

M.DHANDAPANI,J.

pri W.P.No.18679 of 2006 And M.P.Nos.1 of 2006 and 1 of 2008 05.04.2018