Seyad Fathima v. The District Collector Cum Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.6333 of 2025 1.Syed Fathima 2.Neelavathi 3.Ramavalli ... Petitioners vs.

1.The District Collector - Cum- Monitoring committee, Ramanathapuram District.

2.The Tasildhar, Muthukulathur Taluk, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call the records pertaining to the impugned order dated 07.03.2024 passed by the second respondent vide proceedings in Na.Ka.No.B1/7983/2024 and quash the same as illegal. 1/4

For Petitioners : Mr.G.Vishnuram For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Challenging the eviction notice issued by the second respondent dated 07.03.2024, this Writ Petition has been filed. 2.As against the impugned eviction notice, an appeal remedy is provided for under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, to the District Collector. When the Act provides for an effective appeal remedy before the District Collector against the eviction notice under Section 6, without exhausting the same, it would not be appropriate to entertain the present Writ Petition.

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3.In the light of the above, we are not inclined to entertain the Writ Petition. Accordingly, this Writ Petition is dismissed with liberty to the petitioners to file appeal and stay application before the first respondent District Collector under Section 10 and 10-B of the Act. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 27.03.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector - Cum- Monitoring committee, Ramanathapuram District.

2.The Tasildhar, Muthukulathur Taluk, Ramanathapuram District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 27.03.2025 (1/2) 4/4