Tamil Selvi S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.6721 & 6722 of 2025 S.Tamilselvi ... Petitioner vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Tiruppathur Taluk, Tiruppathur, Sivagangai District.
3.The Zonal Deputy Tahsildar, O/o.The Tahsildar, Tiruppathur Taluk, Tiruppathur, Sivagangai District.
... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the notice signed on 07.01.2025 issued by the third respondent and quash the same as illegal and consequently directing the respondents 1 and 2 to regularize the petitioner's house property at Kavanur Village, Thiruppathur Taluk, Sivagangai District and to issue patta for the same in the light of G.O.Ms.No.496 dated 24.12.2018 issued by Revenue and Disaster Management Department. For Petitioner : Mr.P.Subbiah For Respondents : M/s.D.Farjana Ghousia Special Government Pleader
ORDER
(Order of the Court was made by J. NISHA BANU, J.) Challenging the notice issued by the third respondent dated 07.01.2025, under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (in short hereinafter referred to as 'the Act'), this Writ Petition has been filed.
2. The impugned notice is only a show cause notice issued to the petitioner calling upon her to submit her explanation as to why further action under Section 6 of the Act, should not be initiated. Perusal of records shows that the petitioner has not submitted his reply to the impugned notice. 2/6
3. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner submits that the petitioner has valid grounds to respond to the notice and therefore, she may be given liberty to give her reply, to the impugned notice with a direction to the respondents to consider the same and then proceed further.
4. In the light of the said submission, the petitioner is granted liberty to give her reply to the impugned notice within fifteen days from the date of receipt of a copy of this order. On receipt of the same, the third respondent shall consider the same on its own merits and take further proceedings in accordance with law, after affording sufficient opportunity of hearing including personal hearing to the petitioner as well as any other persons, who are interested in the subject matter.
5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous 3/6
Petitions are closed.
[J.N.B.,J.] & [S.S.Y.,J.] 02.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 4/6
1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Tiruppathur Taluk, Tiruppathur, Sivagangai District.
3.The Zonal Deputy Tahsildar, O/o.The Tahsildar, Tiruppathur Taluk, Tiruppathur, Sivagangai District.
5/6
J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 02.04.2025 6/6