Madras High CourtWP(MD)/16661/2015disposed of

V.Murugan v. The District Collector

2015-09-14Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.16661 of 2015 and MP(MD)No.1 of 2015 V.Murugan ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Nanguneri, Tirunelveli District.

...

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned notice issued by the 2nd respondent vide Na.Ka. No.A8/17424/2015 dated 08.09.2015 and quash the same as arbitrary illegal and against the provision of the Act and consequently restraining the respondent from proceeding further in terms of the impugned notice vide Na.Ka. No.A8/17424/2015 dated 08.09.2015. For Petitioner : Mr.V.Balaji For Respondents : Mr.M.Alagadevan, Special Government Pleader

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) Challenging the impugned notice dated 08.09.2015 issued by the Tahsildar, the second respondent herein, the present writ petition has been filed.

2.According to the petitioner, he is the owner of the land in S.F.No.520/12 in Sengalakurichi Village, Nanguneri Taluk. However, the second respondent has issued notice alleging that the petitioner has exceeded his property and encroached upon natham poramboke land to an extent of 0.22.0 hectares and directed the petitioner to give explanation on or before 15.09.2015.

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3.We do not find any reason to interfere with the notice issued by the Tahsildar, the second respondent herein except to direct the petitioner to submit his explanation to the notice dated 08.09.2015 within 15 days from the date of receipt of a copy of this order. Till such time, no coercive steps shall be taken by the authority concerned. 4.The writ petition is accordingly disposed of. No costs. Consequently, M.P(MD)No.1 of 2015 is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Nanguneri, Tirunelveli District.

+1cc to Mr.V.Balaji, Advocate SR.No.54106 +1cc to The Special Government Pleader, Madurai. SR.No.54574 Writ Petition (MD) No.16661 of 2015 14.09.2015 sms NS/NGM-RR/SAR II/28.09.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/