R.S.Kandhaswamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023 CORAM :

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

1. R.S.Kandhaswamy

2. K.Kandhayiammal ..

Petitioners Vs.

1. The District Collector Salem District, Salem.

2. The Assistant Director Rural Development (Panchayats) District Collector Office Salem.

3. The Block Development Officer cum The Commissioner Panamarathupatti Panchayat Union Salem Taluk and District.

4. The Assistant Engineer Panamarathupatti Panchayat Union Panamarathupatti Salem Taluk and District.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the proceedings of the fourth respondent nil dated together with the subsequent proceedings of the third respondent dated 12.10.2023 passed by different officers namely the third and fourth respondents who are not authorized under the law so as to quash the same.

For the Petitioners : Mr.P.Rathanavel For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

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

2. Learned counsel for the petitioners submits that the Block Development Officer should not have passed the order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [in short, "the Act of 1905"]. The said order is without authority.

3. Learned State Government Pleader accedes to the said fact and submits that the competent authority will proceed ahead.

4. In the light of that, the impugned order passed under 6 of the Act of 1905 is quashed and set aside. Though we have quashed and set aside the order under Section 6 of the Act of 1905, the competent authority is not precluded from proceeding ahead with the removal of the encroachment, if any, in accordance with law. The concerned Tahsildar shall, after considering the reply filed by the petitioner to the notice under Section 7 of the Act of 1905, pass orders under Section 6 of the Act of 1905 in accordance with law.

5. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.32526 and 32527 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Salem District, Salem.

2. The Assistant Director Rural Development (Panchayats) District Collector Office Salem.

3. The Block Development Officer cum The Commissioner Panamarathupatti Panchayat Union Salem Taluk and District.

4. The Assistant Engineer Panamarathupatti Panchayat Union Panamarathupatti Salem Taluk and District.

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

(drm) 22.11.2023