Ramesh R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.8458 to 8470 of 2023 and W.M.P.(MD)Nos.7790, 7792, 7801, 7804, 7821, 7822, 7825, 7811, 7797, 7793, 7794, 7798 & 7800 of 2023 In W.P.(MD)No.8458 of 2023 R.Ramesh ... Petitioner Vs.
1.The District Collector, 2.The Tahsildar, Thiruppathur Taluk, 3.The Zonal Deputy Tahsildhar, Thiruppathur Taluk, 4.The Block Development Officer, Thirupathur Panchayat Union Office, 1/4
5.The President, A.Thekkur Village Panchayat, Thirupathur Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the proceedings issued by the third respondent under Section 7 of the Land Encroachment Act, 1905, dated 25.01.2023 and consequential proceedings of the second respondent under Section 6 of the Land Encroachment Act, 1905, dated 10.02.2023 and quash the same.
For Petitioner :Mr.A.Arumugam For Respondents :Mr.K.Bala Subramani Special Government Pleader for R1 to R4 : Mr.R.M.Arun Swaminathan for intervenor COMMON ORDER Heard the learned counsel on either side. We also heard the learned counsel for the intervenor.
2. The petitioners have been served with notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. It was followed by the order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. We were taken through the contents of the notices under Section 7 of the Act. Nowhere, it called upon the noticees to offer their objections. It is peremptory in nature. 2/4
Therefore, the consequential order passed under Section 6 of the Act is also bad in law. There has been a clear violation of principles of natural justice. We therefore set aside the final order passed under Section 6 of the Act. Notice under Section 7 of the Act will be treated as show cause notices. The petitioners are given 15 days from the date of receipt of a copy of this order to offer their objections before the third respondent. The third respondent shall hold enquiry. The intervenor also can very well associate himself in the said enquiry. The third respondent will hear the writ petitioner and Sri Meenakshi Sundareswarar, Nagara Sivan Kovil, A.Thekkur rep. by its trustee and thereafter pass final order. The petitioners will not adopt any dragging on tactics. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
3. These Writ Petitions are partly allowed. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 13.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/4
G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
rmi To 1.The District Collector, 2.The Tahsildar, Thiruppathur Taluk, 3.The Zonal Deputy Tahsildhar, Thiruppathur Taluk, 4.The Block Development Officer, Thirupathur Panchayat Union Office, W.P(MD)Nos.8458 to 8470 of 2023 13.04.2023 4/4