Madras High CourtWP/849/2024disposed of

Jothivel v. The District Collector,

2024-01-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Namakkal District, Namakkal.

2. The Revenue Divisional Officer Collector Office Namakkal, Namakkal District.

3. The Tahsildar Namakkal District, Senthamangalam.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the third respondent proceedings dated 07.09.2023 under section 6 of Schedule III Chennai 1905th year quash the same consequently direct the respondent to issue patta to petitioner's property bearing in S.Nos.18/5 and 18/6, 23/7A Thathampatti, Chidambarampatti Village, Namakkal District measuring about 1.26 acres.

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

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.N.Subramani, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

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

3. Learned State Government Pleader submits that the petitioner has the remedy of appeal provided under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

4. In the light of that, the petitioner may avail the remedy of appeal, as may be permissible under law. In that event all contentions of the respective parties are kept open.

5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.863 and 864 of 2024 are closed.

(S.V.G., CJ.) (D.B.C., J.) 12.01.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector Namakkal District, Namakkal.

2. The Revenue Divisional Officer Collector Office Namakkal, Namakkal District.

3. The Tahsildar Namakkal District, Senthamangalam.

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

(drm) 12.01.2024