A.Sundararajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.6309 of 2025 A.Sundararajan ... Petitioner Vs.

1.The District Collector, District Collectorate, 2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3.The Tahsildar, Ettayapuram Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned notice under Section 6 of Tamil Nadu Land Encroachment Act, 1905 dated 01.03.2025 issued by the third respondent with respect to 14 Sq.mt in S.F.No.274 of Kalagasalapuram Village, Ettayapuram Taluk, Thoothukudi District read along 1/4

with the impugned order in proceedings Na.Ka.Aa1/1552/2024 dated 15.02.2025 issued by the third respondent, quash the same as illegal. For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petitioner has suffered an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. It is an appealable order. The petitioner is given liberty to file an appeal before the District Collector, Tuticorin. Since the original order has been filed before us, the petitioner can very well file an appeal by enclosing a photo copy of the order dated 01.03.2025. 3.The learned counsel appearing for the petitioner states that an error had crept during UDR. According to him, if the UDR error is rectified, the petitioner will not be considered as an encroacher at all. The petitioner had filed a revision before the District Revenue Officer, Tuticorin on 10.03.2025. We direct the District Revenue Officer, Tuticorin to dispose of the said revision petition on merits and in accordance with law within a period of twelve weeks 2/4

from the date of receipt of a copy of this order. The order impugned in this writ petition will not be enforced for a period of five months. In the meanwhile immediately after the District Revenue Officer disposes of the petitioner's revision petition, the first respondent will also dispose of the appeal within a period of two months thereafter. In any event, the entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 27.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, District Collectorate, 2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 3.The Tahsildar, Ettayapuram Taluk, 27.03.2025 4/4