M.Gunasekaran v. The District Collector

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN M.Gunasekaran

...Petitioner

Vs.

1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Assistant Engineer (A.E), Water Development Department, Irrigation Wing, Vandavasi, Tiruvannamalai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Mandamus, directing the 1st respondent to consider the petitioner appeal representation dated 15.10.2023 under Section 10 of Tamil Nadu Land Encroachment and Eviction Laws, consequently set aside the 2nd respondent's proceedings dated 06.10.2023 eviction notice, Tamil Nadu Government, Water Development Department, (See Rule 6(1) against the petitioner.

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For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

(Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J. ) This Writ Petition is filed with a prayer to dispose of the appeal of the petitioner dated 15.10.2023. It is seen that the impugned order is passed as per the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. There is no appeal, which is provided, under the said Act. Therefore, the prayer as such, which is sought for in this Writ Petition cannot be countenanced. However, preserving liberty of the petitioner to challenge the Form-III notice in the manner known to law, this Writ Petition is dismissed. No costs.

(D.B.C.,J.) (V.L.N., J.) 26.10.2023 mkn/kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking Nuetral Citation :Yes/No 2/4

To:- 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Assistant Engineer (A.E), Water Development Department, Irrigation Wing, Vandavasi, Tiruvannamalai District.

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D.BHARATHA CHAKRAVARTHY, J.

and V.LAKSHMINARAYANAN, J.

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