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Madras High CourtWP/32425/2019disposed of

Mr.M.Sadhasivam, v. The District Collector,

2019-11-20Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.Nos. 32425 and 32428 to 32431 of 2019 and W.M.P.Nos.32745 and 32747 to 32750 of 2019 M.Sadhasivam .. Petitioner in W.P.No.32425 of 2019 C.Sennammal .. Petitioner in W.P.No.32428 of 2019 M.Murugesan .. Petitioner in W.P.No.32429 of 2019 C.Sankarammal .. Petitioner in W.P.No.32430 of 2019 C.Selvaraj .. Petitioner in W.P.No.32431 of 2019 Vs.

1.The District Collector, 2.The Tahsildar, Denkanikottai, Krishnagiri District - 635 107.

3.The Revenue Divisional Officer, Page No.1 of 4

4.The Village Administrative Officer, 5.Block Development Officer, Kelamangalam, Denkanikottai Taluk - 635 107 ... Respondents in all the W.Ps Petitions filed under Article 226 of the Constitution of India seeking to issue a writ of certiorari to call for the records pertaining to notice under Section 6 under the Tamil Nadu Land Encroachment Act, 1905, issued by the Tahsildar (2nd respondent) by his proceedings No.Na.Ka.No.771/2019/P1 dated 14.10.2019 and notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 of the Block Development Officer (5th respondent) dated 30.09.2019 under the Tamil Nadu Land Encroachment Act, 1905 issued to the petitioners' residences in S.Nos.66/106, 66/20, 66/80, 66/17 and 66/100, at Nos.1/615, 1/614, 1/654, 1/653 and 1/614, Anna Nagar 1st Street, Royakottai, Denkanikottai Taluk, Krishnagiri District respectively and quash the same.

For Petitioner :Mr.P.Rajesh,Selvi Rajesh in all W.Ps For Respondents : Mr.P.S.Sivashanmugha Sundaram, Spl. Govt. Pleader for R1 to R4 Mr.V.G.Rajesh for Mr.V.Jayaprakash Narayanan for R5 in all the W.Ps COMMON ORDER (Order of the Court was made by M.M.SUNDRESH,J.) Challenging the proceedings of the second respondent in Na.Ka.No.771/2019/P1 dated 14.10.2019 and notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 of the Block Development Officer (5th respondent) dated 30.09.2019 under the Tamil Nadu Land Encroachment Act, 1905 issued to the petitioners' residences in S.Nos.66/106, 66/20, 66/80, 66/17 and Page No.2 of 4

66/100, at Nos.1/615, 1/614, 1/654, 1/653 and 1/614, Anna Nagar 1st Street, Royakottai, Denkanikottai Taluk, Krishnagiri District respectively, these writ petitions have been filed.

2. The orders impugned in these writ petitions are appealable under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. In such view of the matter, we are not inclined to entertain these writ petitions. However, considering the facts of the case, the petitioners are given four weeks' time from the date of receipt of a copy of this order to file such appeals. Till such time, status quo as on today shall be maintained.

3.With the aforesaid observation, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The District Collector, 2.The Tahsildar, Denkanikottai, Krishnagiri District - 635 107.

3.The Revenue Divisional Officer, 4.The Village Administrative Officer, Page No.3 of 4

5.The Block Development Officer, Kelamangalam, Denkanikottai Taluk - 635 107 +1 cc to the government pleader sr97043 +5 ccs to the M/s.P.Rajesh Advocate sr97160,97161 97162,97163,97164, W.P.Nos. 32425 and 32428 to 32431 of 2019 aa25/11/2019 Page No.4 of 4