M/S.Association Of Greenwoods Community, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Association of Greenwoods' Community, rep. by its President R.Chakaravarthy Rajagopal, Thazhambur Road, Navalur, Thiruporur Taluk, Chengalpet District-600 130.
.. Petitioner vs 1.The District Collector, Chengalpet District, Chengalpet.
2.The Tahsildar, Thiruporur Taluk, Thiruporur, Chengalpet District.
3.The Block Development Officer, Thiruporur Panchayat Union, Thiruporur, Chengalpet District.
4.The Panchayat President, Navalur Panchayat, Thiruporur Taluk, Chengalpet District.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records relating to impugned notice dated 14.11.2023 issued by the fourth respondent and quash the same and direct the respondents to issue notice to petitioner and survey the disputed encroachment in presence of the petitioner.
For the Petitioner : Mr.S.Anandakumar for Mr.C.D.Johnson For the Respondents : Mr.P.Muthukumar State Government Pleader
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.S.Anandakumar, learned counsel for Mr.C.D.Johnson, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents.
2. The impugned order, it appears, is issued by the Panchayat President. The said order would be construed as a report to the Tahsildar.
3. It is submitted by learned State Government Pleader that the Tahsildar, Thiruporur Taluk, would take up proceedings under the Tamil Nadu Land Encroachment Act, 1905.
4. If notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 is issued to the petitioner, then the petitioner will have an opportunity to submit a reply to the same.
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.33561 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.) 14.12.2023 Index :
Yes/No :
Yes/No bbr
To 1.The District Collector, Chengalpet District, Chengalpet.
2.The Tahsildar, Thiruporur Taluk, Thiruporur, Chengalpet District.
3.The Block Development Officer, Thiruporur Panchayat Union, Thiruporur, Chengalpet District.
4.The Panchayat President, Navalur Panchayat, Thiruporur Taluk, Chengalpet District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 14.12.2023