Arun Nivas v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)NO.1648 OF 2022 and W.M.P(MD)No.1428 of 2022 Arun Nivas :Petitioner .vs.
1.The Principal Secretary to Government, State of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Collectorate, Tuticorin District.
4.The Tahsildar, Ottapidaram Taluk, Tuticorin District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned notice passed by the fourth respondent in Na.Ka.A3/3793/2021, dated 29.12.2021 and to quash the same and consequently to direct the respondents to consider the Petitioner's representation, dated 22.01.2022. For Petitioner :Mr.R.Jagadeeswaran For Respondents :Mr.B.Saravanan Addl.Govt.Pleader 1/3
O R D E R
********* (Order of the Court was made by PUSHPA SATHYNARAYANA,J) The Petitioner has challenged the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The said notice was issued for removing the encroachment made in S.No.222 in Keezha Arasaradi Village, Ottapidaram Taluk, Thoothukudi District, to an extent of 0.35.5 hectares. 4.The Petitioner would state that it is a patta land and the copy of the patta produced by him only relates to S.Nos.105 and 226, whereas, the eviction notice was issued for S.No.222 of Keela Arasaradi Village. The statement of the Petitioner that the land belonging to him was acquired and he was given an alternative site and that he has been in enjoyment of the said property, are not supported by any document.
5.Be that as it may, for the impugned notice, the Petitioner has given a reply on 22.01.2022.
6.In view of the above, this Court, without delving into the merits of the case, directs the respondents 3 and 4 to consider the representation of the Petitioner, dated 22.01.2022 and pass appropriate orders on the same, after affording an opportunity of personal hearing to the Petitioner and other interested parties, if any, on merits and in accordance with law.
7.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsn 2/3
Note :
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To 1.The Principal Secretary to Government, State of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Collectorate, Tuticorin District.
4.The Tahsildar, Ottapidaram Taluk, Tuticorin District.
+1 CC to M/s.SPL.GP ( SR-3340[F] dated 01/02/2022 ) 0RDER MADE IN W.P(MD)NO.1648 OF 2022 and W.M.P(MD)No.1428 of 2022 31.01.2022 sk(CO) TR(11.02.2022) 3P 6C 3/3