Lakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1380 of 2024 and W.M.P.(MD)No.1426 of 2024 Lakshmi ... Petitioner -Vs1.The District Collector, Collectorate, Madurai.

2.The Tahsildar, Kallikudi Taluk, Madurai District.

3.The President, Villur Panchayat, Kallikudi Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the 2nd respondent notice, dated 30.11.2023 issued to the petitioner to demolish the compound wall and quash it as illegal.

For Petitioner : Mr.K.K.Samy For R1 & R2 : Mr.S.P.Maharajan, Special Government Pleader For R3 : Mr.N.GA.Natraj, Government Advocate

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is under challenge in the present Writ Petition.

2.Section 6 order under the Act is appealable under Section 10 of the Act. Without exhausting the appeal remedy, the petitioner has filed this Writ Petition. Therefore, we are not inclined to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to prefer an appeal before the competent authority. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 23.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva Note: Registry is directed to return the original impugned order to the petitioner, after obtaining xerox copy of the same.

To 1.The District Collector, Collectorate, Madurai.

2.The Tahsildar, Kallikudi Taluk, Madurai District.

3.The President, Villur Panchayat, Kallikudi Taluk, Madurai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.1380 of 2024 23.01.2024