Madras High CourtWP(MD)/10018/2025disposed of

V.Balamuthu v. The District Collector

2025-04-08Honourable The Chief Justice,Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD) No.7455 of 2025 V.Balamuthu ... Petitioner -vs1.The District Collector Trichy District Trichy 2.The Tahsildar Srirangam Taluk Srirangam Trichy District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records relating to the impugned notice issued by the second respondent in his proceedings in Na.Ka.A3/4490/2024, dated 03.04.2025 and quash the same.

For Petitioner :

Mr.B.Prahalad Ravi For Respondents :

Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Shri P.Thilakkumar takes notice on behalf of respondents.

2. Shri Thilakkumar, at the outset, disagreed with counsel for petitioner, Shri B.Prahalad Ravi, when a statement was made that the impugned notice dated 03rd April, 2025 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, has been issued without following due process, inasmuch as mandatory notice under Section 7 of the said Act has not been issued. Shri P.Thilakkumar tenders a copy of the alleged notice issued under Section 7 of the said Act and submitted that it has been received by petitioner.

3. When we pointed out that the alleged notice does not even contain a date and it has been signed by somebody claiming to be the son of Balamuthu and not Balamuthu, petitioner himself, Shri P.Thilakkumar, in fairness, stated that the impugned notice issued under Section 6 of the said Act be quashed and set aside with liberty to the authorities to issue a fresh notice under Section 7 of the said Act.

4. Accordingly, we hereby quash and set aside the impugned notice dated 03rd April, 2025 with liberty as prayed for.

5. The petition is disposed. There shall be no order as to costs. Consequently, interim application stands closed. We clarify we have not made any observation on the merits of petitioner's claim in the petition.

[K.R.SHRIRAM., C.J.] [P.B.BALAJI, J.] 08.04.2025 NCC : Yes / No Index : Yes / No krk To:

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk, Srirangam, Trichy District.

THE HON'BLE CHIEF JUSTICE P.B.BALAJI , J.

krk

W.M.P.(MD) No.7455 of 2025 08.04.2025