Madras High CourtWP(MD)/10677/2023disposed of

Chinnameenal v. The District Collector

2023-06-02Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.9421 of 2023 Chinnameenal ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

3.The Zonal Deputy Tahsildhar, Thiruppathur Taluk, Sivagangai District.

... 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 second respondent under Section 6 of Land Encroachment Act, 1905 dated 10.02.2023 and quash the same. 1/4

For Petitioner : Mr.A.Arumugam For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner challenges the impugned order passed under Section 6 of the Land Encroachment Act, 1905 primarily on the ground that the authorities have predetermined the issue even at the notice stage. We went through the contents of the notice issued under Section 7 of the Land Encroachment Act, 1905. It is peremptory and does not provide opportunity to the petitioner to show cause.

3. Hence, we set aside the final order passed under Section 6 of the Land Encroachment Act, 1905 alone. The petitioner shall treat the notice issued under Section 7 of the Land Encroachment Act, 1905 as show cause notice. The petitioner is given four weeks time from today (02.06.2023) to offer his explanation. The third respondent shall consider the same and after following due process of law pass final order. We make it clear that we have not gone into the merits of the matter.

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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.] 02.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

3.The Zonal Deputy Tahsildhar, Thiruppathur Taluk, Sivagangai District.

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

MGA and W.M.P(MD)No.9421 of 2023 02.06.2023 4/4