S.Shanmuga Prakash v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Karuppa Gaundanpalayam Tiruppur - 641 604.

2. The Tahsildar Avinashi Taluk Tiruppur District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for records pertaining to the impugned eviction notice passed by the second respondent in Na.Ka.No.2970/2023/m6 dated 06.10.2023 and to quash the same in respect of the petitioner's property as an extent of about 1036 sq.ft. at No.7/20, Majara, Aarigoundam Palayam, Nambiyam Palayam Village, Avinashi Taluk, Tiruppur District - 641 670.

For the Petitioner : Ms.R.Radha Pandian For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 and R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.R.Radha Pandian, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for the respondents.

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

3. The petitioner has a remedy of appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner shall avail the said remedy. In that event, all contentions of the respective parties are kept open.

4. The writ petition, as such, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.35459 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 04.01.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector Karuppa Gaundanpalayam Tiruppur - 641 604.

2. The Tahsildar Avinashi Taluk Tiruppur District.

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

(drm) 04.01.2024