S. Balasubramaniyam, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.12768 and 12769 of 2014 and M.P.(MD)Nos.1 to 3 and 1 to 3 of 2014 S.Balasubramaniyam : Petitioner in W.P(MD)No.12768 of 2014 B.Latha @ Premalatha : Petitioner in W.P(MD)No.12769 of 2014 Vs.

The Tahsildhar, Karur Taluk, Karur District.

: Respondent in both W.Ps.

COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned notice issued by the respondent herein in his proceedings in vide 06754 dated 04.06.2013 and quash the same as illegal and consequently forbear the respondent or his men, agent , servant or any other person authorized by him, from interfering with the petitioners' peaceful possession and enjoyment of the lands comprised in Survey No.155/1 admeasuring to an extent of 0.20.0 Ares situated at Atchimangalam Village, Karur Taluk, Karur District.

For Petitioners : Mr.D.Nallathambi For Respondent : Mr.M.Govindan, Special Government Pleader ****** COMMON ORDER **************** [Order of the Court was made by G.R.SWAMINATHAN, J.] In both the Writ Petitions, challenge is to notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

2. It is seen from the records as well as it is admitted by the respondent that the impugned orders were not preceded by notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. Hence, on that sole ground, the Writ Petitions are allowed and the impugned orders are quashed. The matter is remitted back https://hcservices.ecourts.gov.in/hcservices/

to the file of the respondent with liberty to proceed afresh in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To The Tahsildhar, Karur Taluk, Karur District.

+2 cc to Mr.D.Nallathambi , Advocate in SR.No. 65385 +1 cc to Mr.Special Government Pleader in SR.No.66119 SML/MYR AE/JC/SAR1/24.07.2017/2P/5C Common Order made in W.P.[MD].Nos.12768 and 12769 of 2014 Dated:13.07.2017 https://hcservices.ecourts.gov.in/hcservices/