Madras High CourtWP(MD)/1582/2024dismissed as infructuous

Marudhudurai v. The District Collector

2024-01-29Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1582 of 2024 and W.M.P.(MD)No.1579 of 2024 Marudhudurai ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Palani, 3.The Revenue Divisional Officer, Palani, 4.The Tahsildar, Palani,

5.The Revenue Inspector, Korikadavu, Palani, Dindigul District.

6.The Village Administrative Officer, Korikadavu Village, Palani, 7.The Firka Surveyor, Korikadavu Village, Palani, 8.The Panchayat President, Korikadavu Panchayat, Palani, 9.Thangaramu 10.S.Subramani ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the entire records relating to the impugned order dated 02.01.2024 passed by the 5th respondent in so far as directing the petitioner to remove the structure in Survey No.923/10 situated at Korikadavu Village, Palani Taluk, Dindigul District and set aside the same as illegal. For Petitioner :

Mr.A.Balaji For Respondents :

Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 to R7

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Certiorari to call for the entire records relating to the impugned order dated 02.01.2024 passed by the 5th respondent in so far as directing the petitioner to remove the structure in Survey No.923/10 situated at Korikadavu Village, Palani Taluk, Dindigul District and set aside the same as illegal.

2. This Writ Petition is taken up for final disposal at the admission stage itself.

3. At the time of hearing, the learned Special Government Pleader appearing for the respondents 1 to 7 submits that following the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, a notice has been issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on 18.01.2024. Therefore, nothing survives for further adjudication in this Writ Petition.

4. In view of the submissions made by the learned Special Government Pleader appearing for the respondents 1 to 7, this Writ Petition is dismissed as infructuous. However, if the petitioner is aggrieved against the notice under Section 6 of the Tamil Nadu Land Encroachment Act, the petitioner shall file an appeal before the District collector under Section 10 of the Tamil Nadu Land Encroachment Act, within a period of two weeks from the date of receipt of a copy of this order. Till such time, the respondents shall not take any coercive steps against the petitioner. There shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. [D.K.K., J.] [R.V., J.] vsm 29.01.2024 NCC : Yes / No Index : Yes / No

To 1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Palani, 3.The Revenue Divisional Officer, Palani, 4.The Tahsildar, Palani, 5.The Revenue Inspector, Korikadavu, Palani, Dindigul District.

6.The Village Administrative Officer, Korikadavu Village, Palani, 7.The Firka Surveyor, Korikadavu Village, Palani, 8.The Panchayat President, Korikadavu Panchayat, Palani,

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm 29.01.2024