Bharaneendhar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Bharaneedhar ... Petitioner Vs.

1.The District Collector, Collectorate, Kokirakulam, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi.

3.The Tahsildar, Taluk Office, V.K.Pudhur, Tirunelveli District.

4.The Block Development Officer, Kadayanallur, Tirunelveli District.

...Respondents

PRAYER: Application filed under Order 47 Rule 1 r/w Section 114 of C.P.C., to review the order dated 21.10.2010 passed in W.P.(MD)No.6837 of 2010 by this Court.

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For Petitioner : Mr.K.Karthick, for Mr.R.Manimaran For Respondents : Mr.M.Sarangan, Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This Review Petition has been filed by a third party. The order sought to be reviewed reads as under:- "4.In view of the above, the writ petition is partly allowed with the following directions:

i) The finding of the District Collector that the lands in question belong to the Government is not interfered with by this order; and ii) Insofar as the direction to evict the petitioner within 30 days from the occupation of the encroachment is set aside. However, the third respondent is at liberty to evict the petitioner by following the due process of law and after issuing notice under Section 7 of the Tamil Nadu Land Encroachment Act and after giving sufficient opportunity to him. If the petitioner claims that he has got any such right over the property, he could very well 2/4

establish the same by making representation and by producing documents before the Tahsildar.

Consequently, connected miscellaneous petition is closed. No costs." 2.In view of the fact that the review petitioner has made an attempt to re-adjudicate the issues on merits, this Court is not inclined to entertain this Review Petition. Accordingly, the same stands dismissed. No costs. (S.M.S., J.) & (A.D.M.C., J.) 18.07.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Collectorate, Kokirakulam, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi.

3.The Tahsildar, Taluk Office, V.K.Pudhur, Tirunelveli District.

4.The Block Development Officer, Kadayanallur, Tirunelveli District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 18.07.2025 4/4