Valli v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.5703 of 2025 K.Valli ... Petitioner Vs

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

2. The Revenue Divisional Officer, Sivagangai Division, Sivagangai.

3. The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned eviction order issued by the 3rd respondent dated 14.02.2025 in Na.Ka.A6/2177/2024 under Section 6 of the Act III of Madras, 1905 and quash the same as illegal 1/5

and consequently direct the 3rd respondent to abide the communication issued by the first respondent dated 04.11.2024 in Na.Ka.C2/46/2024 within a specified time as may be fixed by this Court. For Petitioner :

Mr.A.Mohan, For Respondents :

Mr.M.Sarangan Additional Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been instituted to quash the impugned eviction order issued by the third respondent dated 14.02.2025 in Na.Ka.A6/2177/2024 under Section 6 of the Act III of Madras, 1905 and consequently, direct the third respondent to abide the communication issued by the first respondent, dated 04.11.2024 in Na.Ka.C2/46/2024. 2.The learned Counsel for the petitioner would submit that the explanation submitted by the petitioner in response to the notice issued under Section 7 of Tamil Nadu Land Encroachment Act was not properly considered and an order under Section 6 of the Tamil Nadu Land Encroachment Act was passed in proceedings, dated 14.02.2025, which 2/5

is under challenge in the present writ proceeding. 3.An order under Section 6 of the Tamil Nadu Land Encroachment Act is susceptible to appeal under Section 10 of the Act before the District Collector.

4.Thus, the petitioner is at liberty to raise all the grounds in the appeal before the District Collector, which she raised in the present writ petition, if she chooses to do so.

5.Granting liberty to the petitioner to file an appeal under Section 10 of the Act, this writ petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[S.M.S., J.] [A.D.M.C., J.] 11.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR 3/5

To

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

2. The Revenue Divisional Officer, Sivagangai Division, Sivagangai.

3. The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.

4/5

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

LR 11.06.2025 5/5