R.Sathish v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.33295 of 2022 R.Sathish ..

Petitioner Vs.

1. The District Collector Collectorate Kallakuruchi Kallakuruchi District.

2. The Tahsildar Ulundurpettai Taluk Kallakuruchi Taluk.

..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the record pertaining to an impugned notice bearing No.Na.Ka.A3/4539/2022 dated 3.11.2022 passed by the second respondent is illegal and quash the same. For the Petitioner : Mr.G.Ranganathan For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner, questioning the notice dated 30.11.2022 issued by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, has come up with this writ petition.

2. Learned State Government Pleader, accepting notice for the respondents, submits that the petitioner has already filed an appeal before the first respondent against the impugned notice and the same is pending.

3. In view of the above, the petitioner cannot invoke Article 226 of the Constitution of India when the appeal preferred against the impugned notice is pending before the first respondent, except to await the orders of the first respondent. Accordingly, the writ petition is dismissed. No costs. Consequently, WMP No.32735 of 2022 is also dismissed.

(T.R., ACJ.) (D.B.C., J.) 12.12.2022 kpl To

1. The District Collector Collectorate Kallakuruchi Kallakuruchi District.

2. The Tahsildar Ulundurpettai Taluk Kallakuruchi Taluk.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 12.12.2022