P.Saratha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.4689 of 2025 and W.M.P.(MD)Nos.3375 & 3377 of 2025 P.Saratha ... Petitioner -Vs1.The District Collector, Collectorate, Karur & District.
2.The Tahsildar, Taluk Office, Krishnarayapuram, Karur & District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order dated 21.01.2025 vide Na.Ka.A2/2609/2024 issued by the 2nd respondent and quash the same. For Petitioner : Mr.B.Rajesh Saravanan For Respondents : Mr.M.Sarangan, Additional Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.Challenging the eviction order dated 21.01.2025 issued by the 2nd respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act'), this Writ Petition is filed. 3.At the outset, this Court is of the view that the said order issued under Section 6 of the Act is appealable before the 1st respondent 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 1st respondent. No costs. Consequently, connected miscellaneous petitions are closed.
[J.N.B., J.] & [S.S.Y., J.] 21.02.2025 NCC : Yes / No Index : Yes / No Yuva
Note: Registry is directed to return the original impugned order, after retaining xerox copy of the same.
To 1.The District Collector, Collectorate, Karur & District.
2.The Tahsildar, Taluk Office, Krishnarayapuram, Karur & District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.4689 of 2025 21.02.2025