Madras High CourtWP(MD)/4182/2023disposed of

Senthil v. The District Collector

2023-03-20Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.3986, 3990, 3989, 3995, 3991, 3992, 3988, 3994, 3987 and 3993 of 2023 WP(MD)No.4182 of 2023 Senthil : Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Divisional Engineer, National Highways Department, Panagal Building, 3.The Assistant Engineer, Public Works Department, Cauvery Division, Papanasam, 1/5

4.The Tahsildar, Office of the Tahsildar, Kumbakonam Taluk, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records pertaining to the impugned order dated 14.02.2023 passed by the respondent No.3 and quash the same as illegal and consequently direct the respondents 1 and 4 to provide patta to the petitioner.

For Petitioner : Mr.Venkatesan.R For Respondents : Mr.R.Ravindran, Additional Advocate General, assisted by Mr.K.Balasubramani, Special Government Pleader ***** COMMON ORDER Heard the learned Counsel for the petitioner and the learned Additional Advocate General for the respondents.

2.The petitioner questions the impugned notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 primarily on the ground that the 3rd 2/5

respondent is not competent to issue the same. When these writ petitions are taken up for hearing, the learned Additional Advocate General submits that the impugned notice would be withdrawn and appropriate proceedings shall be initiated by the competent authority under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. Recording the said submission, these writ petitions are disposed of. No costs. Consequently connected miscellaneous petition are closed. [G.R.S.,J.] [B.P.,J.] 20.03.2023 Index : Yes / No Internet : Yes dsk 3/5

To 1.The District Collector, Office of the District Collector, 2.The Divisional Engineer, National Highways Department, Panagal Building, 3.The Assistant Engineer, Public Works Department, Cauvery Division, Papanasam, 4.The Tahsildar, Office of the Tahsildar, Kumbakonam Taluk, 4/5

G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

dsk 20.03.2023 5/5