N.Chitra v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR in W.P.No.36521 of 2024 N.Chitra W/o.Vellingiri ... Petitioner Vs.

1.

The District Collector Tiruppur District, Tiruppur and 4 Others ... Respondents For Petitioner :

Mr.C.Prabakaran

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Miscellaneous Petition' ['WMP' for the sake of brevity] has been filed with a prayer to dispense with the production of Page Nos.1/4

original 'impugned notice passed by the 2nd respondent dated 04.10.2024 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905' [hereinafter 'impugned order' for the sake of brevity, convenience and clarity].

2. Learned counsel for writ petitioner adverting to the support affidavit submitted that the impugned notice was misplaced in his house (apologising for the averment in the support affidavit that 'copy of the impugned notice' was misplaced) and the same could not be traceable and hence the petitioner is unable to produce the original copy of the impugned order and therefore, the petitioner may be permitted to submit a true copy of the impugned notice. Relevant paragraph of the support affidavit reads as follows:

'I further submit that the copy of the impugned notice was misplaced in my house and the same could not be traceable despite of my hectic effect. However, I am herewith filing a true copy of the impugned notice. Hence, it is just and necessary to dispense with the production of original impugned notice passed by the 2nd respondent dated 04.10.2024, under Section 6 of the Tamilnadu Land Encroachment Act, 1905, in the above writ petition.' Page Nos.2/4

3. Considering the facts and circumstances of the case on hand and taking note of the nature of the matter, aforementioned reason is accepted.

4. In the light of the narrative thus far, dispense with prayer is acceded to. Captioned WMP is ordered as prayed for.

(M.S.,J.) (K.R.S.,J.) 09.12.2024 (1/2) rsi Page Nos.3/4

M.SUNDAR, J., and K.RAJASEKAR, J., rsi in W.P.No.36521 of 2024 09.12.2024 (1/2) Page Nos.4/4