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Madras High CourtWP/35571/2023disposed of

Mr.Ashok Kumar v. The District Collector

2024-01-02Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Krishnagiri District Tamil Nadu - 635 115.

2. The Tahsildar Denkanikottai Krishnagiri - 635 107.

3. The Revenue Inspector District Revenue Office Denkanikottai, Krishnagiri Tamil Nadu - 635 107.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records pertaining to the impugned eviction notice dated 07.12.2023 passed by the respondent No.3 and quash the same with respect to the petitioner's property having an extent of 27 ares in S.No.1510 in Santhanapalli Village, Denkanikottai, Krishnagiri.

For the Petitioner : Mr.A.Ashwinkumar For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3

ORDER

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

2. In fact, the present writ petition ought not to have been filed. Notice is issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. The same is a show cause notice, issued to the petitioner soliciting reply. Naturally, before proceeding under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the authority would consider the reply filed by the petitioner.

3. Even after the order is passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner has a remedy of appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before the appellate authority.

4. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.35514 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector Krishnagiri District Tamil Nadu - 635 115.

2. The Tahsildar Denkanikottai Krishnagiri - 635 107.

3. The Revenue Inspector District Revenue Office Denkanikottai, Krishnagiri Tamil Nadu - 635 107.

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

(drm) 02.01.2024