Madras High CourtWP(MD)/4101/2019disposed of

R.Jamuna Rani, v. The District Collector,

2025-06-20Honourable The Chief Justice,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20/06/2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE Mrs. JUSTICE S.SRIMATHY W.P.(MD)No.4101 of 2019 and WMP(MD) No.3201 of 2019 R.Jamuna Rani D/o.Late Shri.P.Ramanujam W/o.Subburaj, No.2/97 (Old No.1/125) North Street, Vembakottai Village and Taluk Virudhunagar District ... Petitioner Vs 1.The District Collector Collectorate Complex, Virudhunagar Virudhunagar District 2.The Block Development Officer cum Panchayat Union Commissioner, Vembakottai Panchayat Union, Vembakottai, Virudhunagar District 3.The Tahsildar Vembakottai Taluk, Vembakottai Virudhunagar District ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the impugned notice in Nil proceedings dated 06.02.2019 on the file of the 3rd respondent and quash the same as illegal. For Petitioner : Mr.D.Dhana Chandra Prakash 1/4

For Respondents :Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) The short point in this petition is that notices under Section 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 came to be served on the same day, when the party should be given first the notice under Section 7, given some time to give reply and thereafter issued notice under Section 6.

2. Counsel submits that opportunity to reply under Section 7 notice was not given and hence, notice issued under Section 6 should be quashed.

3. There is nothing in the affidavit in reply to indicate that notice under Section 7 was served earlier though there is an averment that notice under Section 7 was served on 28.05.2018 and notice under Section 6 was served on 06.02.2019.

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4. Therefore, we quash and set aside notice dated 06.02.2019 issued under Section 6. Petitioner shall within one week reply to Section 7 notice. Thereafter respondents may take steps in accordance with law. We express no opinion on the merits of the matter.

5. Petition is disposed. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. (K.R.SHRIRAM, C.J.) (S.SRIMATHY, J.) 20.06.2025 NCC : Yes/No Index : Yes/No RR To 1.The District Collector Collectorate Complex, Virudhunagar, Virudhunagar District 2.The Block Development Officer cum Panchayat Union Commissioner, Vembakottai Panchayat Union, Vembakottai, Virudhunagar District 3.The Tahsildar Vembakottai Taluk, Vembakottai Virudhunagar District 3/4

THE HON'BLE CHIEF JUSTICE AND S.SRIMATHY, J.

ORDER

IN WP(MD) No.4101 of 2019 Date : 20/06/2025 4/4