V. Subramanian v. The Revenue Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2023 CORAM :

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

Petitioner Vs.

1. The Revenue Inspector Nellikuppam Post, Thirupour Taluk Chengalpattu District.

2. The Tahsildar Nellikuppam Post, Thirupour Taluk Chengalpattu District.

3. The Assistant Engineer Execution & Maintenance Tamil Nadu Electricity Generation & Distribution Corporation Ltd.

Tiruporur - 603 110.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records in the proceedings in the notice of the first respondent dated 15.06.2022 under Section 7 of the Land Encroachment Act, 1905 and second respondent notice dated 08.09.2022 under Section 6 of the Land Encroachment Act, 1905 and third respondent notice dated 05.07.2023 by L.No.A.E/O&M/IPA/TIRUP/D.T/A.No.080/2023 and quash the same and to direct the respondents to stop all further proceedings done based on the notices dated 15.06.2022, 08.09.2022 and 05.07.2023.

For the Petitioner : Mr.P.Saranath For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Saranath, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3.

2. The petitioner is challenging the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 dated 08.09.2022.

3. Learned State Government Pleader submits that the petitioner has the remedy of appeal.

4. In the light of that, we dispose of this writ petition with liberty to the petitioner to avail the remedy of appeal. If the appeal is filed within a period of 10 days from today, then the question of limitation will not be raised. The Appellate Authority may endeavour to decide the appeal expeditiously.

5. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.33901 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 08.12.2023 Index :

Yes/No :

Yes/No drm To

1. The Revenue Inspector Nellikuppam Post, Thirupour Taluk Chengalpattu District.

2. The Tahsildar Nellikuppam Post, Thirupour Taluk Chengalpattu District.

3. The Assistant Engineer Execution & Maintenance Tamil Nadu Electricity Generation & Distribution Corporation Ltd.

Tiruporur - 603 110.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 08.12.2023