Gopalakrishnan.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.5406 of 2024 V.Gopalakrishnan : Petitioner Vs.

1.The District Collector, Collectorate, Tuticorin District.

2.The Tahsildar, Taluk Office, Tuticorin District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records relating to the order dated 29.01.2024 signed on 19.02.2024 vide Na.Ka.A3/7733/1998 passed by the second respondent and quash the same and also directing the respondents to grant patta to the petitioner in respect of property measuring 20 x 20 at Town Survey No.2/1, Door No.316/1, Beach Road, Tuticorin, Tuticorin District.

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For Petitioner : Mr.B.Rajesh Saravanan For Respondents : Mr.T.Amjad Khan Government Advocate

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking to quash the impugned order dated 29.01.2024 signed on 19.02.2024 vide Na.Ka.A3/7733/1998, passed by the second respondent and for a consequential direction to the respondents to grant patta to the petitioner in respect of property measuring 20 x 20 at Town Survey No.2/1, Door No.316/1, Beach Road, Tuticorin, Tuticorin District. 2.Heard Mr.B.Rajesh Saravanan, learned Counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate appearing for the respondents. 3.Earlier, the petitioner has challenged the notice issued under Section 7 of the Tamil Nadu Land Encroachments Act, 1905 [hereinafter 'the Act']. The said writ petition came to be dismissed by this Court. Now, the petitioner has challenged the Section 6 notice issued under the Act.

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4.Prima facie, no case has been made out by the petitioner to interfere with the Section 6 notice issued by the second respondent. If at all the petitioner is aggrieved, he can very well approach the appellate authority to address his grievance. 5.With the aforesaid liberty, this Writ Petition stands dismissed. The Registry is directed to return the original copy of the impugned order to the petitioner. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. [D.K.K.,J.] & [R.V.,J.] 11.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Collectorate, Tuticorin District.

2.The Tahsildar, Taluk Office, Tuticorin District.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 11.03.2024 5/5