T.Tharmaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P.(MD)No.4780 of 2024 T.Tharmaraj : Petitioner Vs.

1.The District Collector, 2.The Block Development Officer, Melaneelatha Nallur, 3.The Tahsildar, 4.The Village Administrative Officer, Kulasekaramangalam Village, 1/5

5.The President, Kulasekaramangalam Panchayat, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records pertaining to the impugned proceedings by the third respondent dated 16.02.2024 and quash the same as illegal and arbitrary. For Petitioner : Mr.R.Mathava Selvam For Respondents 1 & 3 : Mr.N.Satheesh Kumar Additional Government Pleader For Respondents 2 & 4 : Mr.T.Amjad Khan Government Advocate

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] The present Writ Petition has been filed seeking to quash the impugned proceedings of the third respondent dated 16.02.2024.

2.Heard Mr.R.Mathava Selvam, learned Counsel appearing for the petitioner, Mr.N.Satheesh Kumar, learned 2/5

Additional Government Pleader appearing for the respondents 1 & 3 and Mr.T.Amjad Khan, learned Government Advocate appearing for the respondents 2 & 4.

3.The impugned notice has been issued under Section 6 of the 'Land Encroachments Act, 1905' [hereinafter 'the Act' for brevity]. The remedy available to the petitioner is to file an appeal before the appellate authority under Section 10 of the Act. Without exercising such a remedy, the writ petitioner has filed the present writ petition. Therefore, we are not inclined to entertain this writ petition when there is an alternate remedy available before the appellate authority.

4.Accordingly, the Writ Petition is dismissed with liberty to the petitioner to approach the appellate authority seeking the aforesaid relief. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. [D.K.K.,J.] & [P.D.B.,J.] 04.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, 2.The Block Development Officer, Melaneelatha Nallur, 3.The Tahsildar, 4.The Village Administrative Officer, Kulasekaramangalam Village, 5.The President, Kulasekaramangalam Panchayat, 4/5

D.KRISHNAKUMAR, J.

and P.DHANABAL, J.

MR ORDER MADE IN 04.03.2024 5/5