Anthoniyammal v. The State Of Tamil Nadu Represented By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and WMP(MD)Nos.1198, 1199, 1202, 1203, 1200 and 1201 of 2025 Anthoniyammal ... Petitioner in W.P(MD)No.1692/2025 Christina Jenifer ... Petitioner in W.P(MD)No.1693/2025 Nirmala ... Petitioner in W.P(MD)No.1694/2025 vs.

1. The State of Tamil Nadu, Represented by the District Collector, Office of the District Collector, Dindigul, Dindigul District.

2. The Tahsildar, Office of the Thasildar,

3. The Block Development Officer, Office of the Block Development Officer,

4. L.Lourdhusamy ... Respondents in all WPs Prayer in all WPs : Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records Page No.1 of 6

pertaining to impugned notice dated 06.01.2025 in Na.Ka.1283/2021/A3 issued by the 2nd respondent and quash the same as illegal and arbitrary and consequently direct the 2nd respondent to conduct proper enquiry by verifying the documents available with the petitioner and to issue house site patta to the petitioner in S.No.198, Rajiv Gandhi Nagar, Malvarpatti Village, Vedasandur Taluk, Dindigul District, within a stipulated time fixed by this Honourable Court For Petitioner(in all WPs) : Mr.V.Muthumani For R1 to R3 : Mr.J.Ashok Additional Government Pleader COMMON ORDER (Order of the Court was made by M.S.RAMESH, J.) By consent of both sides, the writ petitions themselves are taken up for final disposal at the stage of admission itself. 2.

Since no adverse order is going to be passed against the private respondent, notice to the private respondent is dispensed with. 3.

Challenging the impugned order of the second respondent dated 06.01.2025, the petitioners are before this Court. Page No.2 of 6

4.

In compliance of the direction issued by this Court in W.P(MD)No.28315 of 2023, dated 30.11.2023, notices under Section 7 and 6 of 'the Tamil Nadu Land Encroachment Act, 1905' (hereinafter referred to as 'the Act'), were issued to the petitioners. Despite the same, since the petitioners did not come forward to remove the encroachments by themselves, the impugned final order dated 06.01.2025, has been passed for removal of encroachments by the authorities.

5.

As against the impugned order, an appeal remedy is provided for under Section 10 of the Act to the District Collector. 6.

Though the petitioners have appeal remedy against the eviction notice under Section 6 of the Act, they had not chosen to file appeal. In the interregnum, the impugned final order has been passed, whereby, removal of encroachment is scheduled today at 09.00 a.m. The petitioners have challenged the said final order in these writ petitions. When the Act provides for an effective appeal remedy before the District Collector against the impugned order, it would not be appropriate to entertain the present writ petitions. Hence, we are of the view that an opportunity can be given to the petitioners to avail the statutory remedy and protect their possession till such time. Page No.3 of 6

7.

In the light of the above observation, the petitioners are granted liberty to file appeals before the first respondent / District Collector under Section 10 of the Act within a period of one [1] week from the date of receipt of a copy of this order. Till such time, the respondents 1 to 3 shall not take any coercive action to disturb the petitioners' possession over the subject lands. 8.

Accordingly, the Writ Petitions stand disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

(M.S.R, J.) (A.D.M.C, J.) 21.01.2025 Index : Yes / No : Yes / No bala Note : Issue order copy on 22.01.2025.

To

1. The District Collector, Office of the District Collector, Dindigul, Dindigul District.

2. The Tahsildar, Office of the Thasildar, Page No.4 of 6

3. The Block Development Officer, Office of the Block Development Officer, Page No.5 of 6

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

bala COMMON ORDER MADE IN DATED : 21.01.2025 Page No.6 of 6