Meenakshi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.Nos.27318, 27320, 27323, 27338, 27341 of 2018 and WMP.Nos.31801, 31802, 31811, 31834, 31841 of 2018 Meenakshi ... Petitioner in W.P.No.27318 of 2018 Ayyadurai ... Petitioner in W.P.No.27320 of 2018 Shanthi ... Petitioner in W.P.No.27323 of 2018 Sundari ... Petitioner in W.P.No.27338 of 2018 Sivasankaran ... Petitioner in W.P.No.27341 of 2018 Vs.
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kancheepuram District.
3.The Director, Land Survey and Settlement, 3rd Floor, Ezhizhagam, Chennai 600 005.
4.The Thasildhar, Thiruporur Taluk, Kancheepuram District.
5.The Revenue Inspector, Mampakkam, Thiruporur Taluk, Kancheepuram District. ... Respondents in all Writ Petitions Prayer : Writ Petitions in W.P.Nos.27318, 27320, 27323, 27338 and 27341 of 2018 filed under
Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice under Section 7 of Tamil Nadu Land Encroachment Act 1905 issued by the 5th respondent dated 13.08.2018 and quash the same and consequently direct the respondents to grant House site Patta to the petitioner in respect of lands in petitioner's occupation and possession in Survey No.306/4 bearing Door Nos.3/605, 3/589, 637/467, 3/602 and 3/594, respectively, at Gangaiamman Koil Street, Pudupakkam Village, Sathankuppam, Kelambakkam, Kancheepuram District.
For Petitioner : Mr.G.Anbuchezheian in all Writ Petitions For Respondents : Mr.J.Pothiraj Special Government Pleader in all Writ Petitions C O M M O N O R D E R [Order of the Court was made by K.K.SASIDHARAN,J.] The challenge in these writ petitions is to the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act 1905.
2. It is the case of the petitioners that on receipt of the notice issued by the 5th respondent, objection was submitted before the 4th respondent. It is the further grievance of the petitioners that without passing final orders under Section 6 of the Tamil Nadu Land Encroachment Act 1905, 4th respondent has evicted them from the premises.
3. We have heard Mr.Anbuchezheian, learned counsel for the petitioners and Mr.J.Pothiraj, learned Special Government Pleader. By consent the writ petitions are taken up for final disposal at the admission stage.
4. The notices impugned in these writ petitions are only the show cause notices. The petitioners have already given a reply. It is for the 4th respondent to consider the reply and pass appropriate orders on merits as per law.
5. We direct the 4th respondent to consider the objections submitted by the petitioners objectively and pass appropriate orders as per law. The status quo shall be maintained till a decision is taken by the Tahsildar taking into account the objections submitted by the petitioners.
6. The writ petitions are disposed of with the above direction. No costs. (K.K.SASIDHARAN, J.) (R.SUBRAMANIAN, J.) 12.10.2018 dsa/jv Index : Yes / No Internet : Yes / No K.K.SASIDHARAN,J.
and R.SUBRAMANIAN,J.
dsa/jv To
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kancheepuram District.
3.The Director, Land Survey and Settlement, 3rd Floor, Ezhizhagam, Chennai 600 005.
4.The Thasildhar, Thiruporur Taluk, Kancheepuram District.
5.The Revenue Inspector, Mampakkam, Thiruporur Taluk, Kancheepuram District.
W.P.Nos.27318, 27320, 27323, 27338, 27341 of 2018 12.10.2018