C.Selvamani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)No.4162 of 2025 C.Selvamani

...Petitioner

-Vs1.The District Collector, Collector Office, Tiruchirapalli.

2.The Revenue Divisional Officer, RDO Office, Musiri, Tiruchirapalli.

3.The Tashildar, Thuraiyur Taluk, Tiruchirapalli.

4.The Revenue Inspector, Koppampatti, Thuraiyur Taluk, Tiruchirapalli.

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in order passed by the third respondent under Section 6 of Chennai III 1/4

Act, 1905 (Tamil Nadu Land Encroachment Act) on 10.02.2025 and quash the same and consequently direct the respondents 1 to 3 to consider the petitioner's representation dated 14.02.2025.

For Petitioner : Mr.N.Shyllappakalyan For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The petitioner has filed this writ petition challenging the order passed by the third respondent under Section 6 of Chennai III Act, 1905 (Land Encroachment Act) (hereinafter referred to as "Act" for the sake of brevity and convenience), thereby directing the petitioner to vacate the subject premises within a period of fifteen days from the date of receipt of notice. 2.Against the order passed under Section 6 of the Act, there is an efficacious statutory appeal remedy available to the petitioner under Section 10 of the Act and the petitioner without exhausting the appeal remedy, has filed the present writ petition.

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3.Hence, this writ petition is devoid of merits and accordingly, this Writ Petition is dismissed with liberty to the petitioner to file an appeal before the authorities concerned. No costs. Consequently, connected miscellaneous petition is closed.

(J.N.B.,J.) (S.S.Y.,J.) 18.03.2025 Index : Yes/No Internet : Yes/No ta To 1.The District Collector, Collector Office, Tiruchirapalli.

2.The Revenue Divisional Officer, RDO Office, Musiri, Tiruchirapalli.

3.The Tashildar, Thuraiyur Taluk, Tiruchirapalli.

4.The Revenue Inspector, Koppampatti, Thuraiyur Taluk, Tiruchirapalli.

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J. NISHA BANU,J.

and S.SRIMATHY.

ta 18.03.2025 4/4