K.Gurusamy Gounder, v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN and THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.30136 of 2018 & W.M.P. Nos.35167, 35172 and 35174 of 2018 K. Gurusamy Gounder Kuttiyappan R. Sellayal Petitioners v The Additional Chief Secretary/Commissioner Land Administration Chepauk Chennai 600 005 The District Collector Erode District Erode The District Revenue Officer Erode District Erode The Assistant Executive Engineer/Estate Officer PWD/WRD, Canal Sub Division Gobichettipalayam Erode District The Tahsildar Nambiyur Taluk Nambiyur Erode District 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records pertaining to the order made under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, as passed by the Assistant Executive Engineer/4th respondent dated 13.11.2017 followed by notice dated 21.08.2018 affixed in the subject premises, quash the same and direct the respondents 2 to 5 to permit the petitioners to continue as lessees as provided under Section 3, ibid.

For petitioner Mr. Ayyadurai, Sr. Counsel for Mr. V. Balamurugane For respondents Mr. J. Ravindran, Addl. Adv. General assisted by Mr. A. Selvendran Special Government Pleader

ORDER

(made by S. VAIDYANATHAN, J.) This writ petition impugns the notice dated 13.11.2017 issued by the fourth respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, and the notice dated 21.08.2018 issued by the fourth respondent and for a direction to the respondents 2 to 5 to permit the petitioners to continue as lessees, as provided under Section 3, ibid.

2/6

At the threshold, it is worth observing that as against the notice issued under Section 6, ibid., an appeal remedy is available under Section 10, ibid., before the District Collector. However, without exhausting the said appeal remedy, the petitioner has preferred this writ petition. Considering the fact that a decade has gone by since the issuance of the notice under Section 6, ibid., and the petitioner has not exhausted the appeal remedy available to him under Section 10, ibid. as stated above, and also the submission of the learned Special Government Pleader that a even fresh notice dated 10.10.2023 under Section 6, ibid.

, has since been issued, without expressing any opinion on the merits of the matter, we direct the petitioner to prefer an appeal before the District Collector, Erode, the second respondent herein, within a period of one month from the date of receipt of a copy of this order and on the petitioner so filing an appeal, we expect the second respondent to consider and pass orders on the said appeal in accordance with law, within a period of three months, by conducting an enquiry on a day-to-day basis and without adjourning the enquiry beyond three working days at any given point of time and of course, after affording an opportunity of being heard to all the parties concerned.

With the above directions, this writ petition stands disposed of, sans costs. Connected W.M.Ps. are closed.

(S.V.N., J.) (K.R.S., J.) 18.10.2023 cad 1/2 4/6

To The Additional Chief Secretary/Commissioner Land Administration Chepauk Chennai 600 005 The District Collector Erode District Erode The District Revenue Officer Erode District Erode The Assistant Executive Engineer/Estate Officer PWD/WRD, Canal Sub Division Gobichettipalayam Erode District The Tahsildar Nambiyur Taluk Nambiyur Erode District 5/6

S. VAIDYANATHAN, J.

and K. RAJASEKAR, J.

cad 18.10.2023 6/6