Mrs. Selvi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Selvi ..

Petitioner Vs.

1. The District Collector District Collector Office Campus Tiruppur.

2. The Tahsildar Avinashi Taluk Office Avinashi Taluk Tiruppur.

3. The Land Revenue Inspector Perumanallure Circle Avinashi Taluk Office Avinashi Taluk Tiruppur.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records pertaining to the impugned notice - 6 dated 29.09.2023 Na.Ka.No.3421/2023/A6 issued

by the 2nd respondent as per the Madras Land Encroachment Act, 1905 and quash the same.

For the Petitioner : Mr.T.C.Gopalakrishnan For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.T.C.Gopalakrishnan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. The petitioner is challenging the notice/order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

3. Learned counsel for the petitioner submits that even the notice states that the land is a natham land. The petitioner has been granted patta. Still the order under Section 6 of the Act is passed.

4. Learned State Government Pleader submits that the petitioner has a remedy of appeal under Section 10 of the Act.

5. The petitioner may avail the remedy as provided under the Act of 1905. For a period of ten days from today, the respondents shall not act upon the notice under Section 6 of the Act, so as to enable the petitioner to file an appeal. In the appeal, the petitioner can also file an application for stay as provided under the Act. In that event, all contentions are kept open.

6. With the aforesaid observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.29743 and 29744 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 13.10.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector District Collector Office Campus Tiruppur.

2. The Tahsildar Avinashi Taluk Office Avinashi Taluk Tiruppur.

3. The Land Revenue Inspector Perumanallure Circle Avinashi Taluk Office Avinashi Taluk Tiruppur.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 13.10.2023