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Madras High CourtWP(MD)/4504/2025disposed of

P.Rajendran v. The District Collector / Monitoring Committee

2025-02-20Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and THE HON'BLE MR.JUSTICE B.PUGALENDHI WP(MD)No.4504 of 2025 and WMP(MD)No.3238 of 2025 P.Rajendran ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

3.The Village Administrative Officer, Anuppankulam Panchayat, Meenampatti Sivakasi Taluk, Virudhunagar District.

4.The Sub Registrar, Sub Registrar Office, Sivakasi, Virudhunagar District.

5.The Head Surveyor, Sivakasi Taluk, Virudhunagar District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus calling for the records in respect of the impugned notice in Na.Ka.Aa1/3/252/2024 dated 18.09.2024 issued by the 2nd respondent under Section 7 of Tamil Nadu Land Encroachment Act, 1905 (Act III 1905) and consequential impugned notice in Na.Ka.Aa1/3/252/2024 dated 04.02.2025 issued by the 2nd respondent under Section 6 of Tamil Nadu Land Encroachment Act, 1905 (Act III 1905) and quash the same as illegal and consequently direct the 2nd respondent to survey their land as per Sale Deed No.2015/1998 and fix the boundaries proper in survey No.140 in Anuppankulam Village, Sivakasi Taluk, Virudhunagar District.

For Petitioner : Mr.S.Ponsaravanan For Respondents : Mr.S.RA.Ramachandran, Additional Government Pleader

ORDER

Heard both sides.

2.The order impugned in this writ petition is appealable under Section 10 of the Act. The petitioner is granted four weeks from today (20.02.2025) to file an appeal before the appellate authority. If such an appeal is filed within the aforesaid period, it shall be entertained without reference to limitation. The order impugned in this writ 2/4

petition will not be enforced till the disposal of the appeal. The appellate authority shall dispose of the appeal on merits and in accordance with law within a period of four months from the date of receipt of copy of this order. If the petitioner fails to file an appeal, the benefit of this order will not be available to the petitioner. The petitioner can file the appeal with a photo copy of the impugned order. 3.This writ petition is disposed of. No costs. Connected miscellaneous petition is closed.

[G.R.S., J.] & [B.P., J.] 20.02.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No Skm Note : Issue order copy on 04.03.2025 To 1.The District Collector / Monitoring Committee, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Sivakasi Taluk, Virudhunagar District. 3.The Village Administrative Officer, Anuppankulam Panchayat, Meenampatti, Sivakasi Taluk, Virudhunagar District. 4.The Sub Registrar, Sub Registrar Office, Sivakasi, Virudhunagar District.

5.The Head Surveyor, Sivakasi Taluk, Virudhunagar District. G.R.SWAMINATHAN, J 3/4

and B.PUGALENDHI, J.

Skm WP(MD)No.4504 of 2025 and WMP(MD)No.3238 of 2025 20.02.2025 4/4