R.Kolandaisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023 CORAM :

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

Petitioner Vs.

1. The District Collector Erode District.

2. The Tahsildar Perundurai Taluk Erode District.

3. The Revenue Inspector Kanchikovil Firka.

4. The President Kandhamplayam Panchayat Perundurai Taluk, Erode District.

5. S.Saraswathy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records relating to the second respondent herein in Na.Ka.6333/2021/A8 dated 16.11.2023 and the consequential notice issued under Section 6 of the Chennaipattinam 1905 Act 3 of 1905 dated nil but signed on

29.11.2023 and quash the same consequently direct the respondents herein to maintain status quo till the disposal of the suit in O.S.No.44 of 2023 before the Sub-Court, Perundurai, Erode District. For the Petitioner : Mr.R.S.Anandan For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.S.Anandan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3.

2. The petitioner is challenging the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity, "the Act of 1905"].

3. Learned counsel for the petitioner submits that the petitioner is the owner of the patta land. The petitioner has not committed any encroachment and is occupying his own patta land. It is further submitted that a civil suit is also filed by one of the co-owner and the same is pending.

4. All these arguments can be raised in an appeal, provided under Section 10 of the Act of 1905, against the order passed under Section 6 of the Act of 1905.

5. In the light of that, the writ petition stands disposed of with liberty to the petitioner to avail the remedy of appeal provided under Section 10 of the Act of 1905. In that event, all contentions of the parties are kept open. There shall be no order as to costs. Consequently, W.M.P.No.34940 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 21.12.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Erode District.

2. The Tahsildar Perundurai Taluk, Erode District.

3. The Revenue Inspector Kanchikovil Firka.

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

(drm) 21.12.2023