C.Karutharasu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)Nos.2579 & 2580 of 2025 C.Karutharasu ... Petitioner vs.

1.The District Collector, Office of the District Collectorate, Madurai.

2.The Revenue Divisional Officer, Officer of Revenue Divisional Officer, Melur.

3.The Tahsildar, Office of the Tahsildar, Melur.

4.The Deputy Tahsildar, Office of the Deputy Tahsildar, Kottampatti, Melur.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the impugned order of the third respondent dated 25.01.2025 notice (received by the petitioner on 31.01.2025) and quash the same. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.D.Farjana Ghoushia

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Challenging the eviction notice issued by the third respondent dated 25.01.2025, this Writ Petition has been filed. 2.As against the impugned eviction notice, an appeal remedy is provided for under Section 10 of the Act, to the District Collector. When the Act provides for an effective appeal remedy before the District Collector against the eviction notice under Section 6, without exhausting the same, it would not be appropriate to entertain the present Writ Petition. 2/5

3.In the light of the above, we are not inclined to entertain the Writ Petition. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to file appeal and stay application before the first respondent District Collector under Section 10 and 10-B of the Act. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [J.N.B.,J.] & [L.V.G.,J.] 10.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Office of the District Collectorate, Madurai.

2.The Revenue Divisional Officer, Officer of Revenue Divisional Officer, Melur.

3.The Tahsildar, Office of the Tahsildar, Melur.

4.The Deputy Tahsildar, Office of the Deputy Tahsildar, Kottampatti, Melur.

4/5

J.NISHA BANU , J.

and L.VICTORIA GOWRI, J.

ps ORDER MADE IN DATED : 10.02.2025 5/5