Palmeli v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD) No.10022 of 2023 Palmeli ... Petitioner Vs.

1.The District Collector, Ramanathapuram.

2.The Thasildar, Kamuthi.

3.The Block Development Officer, Kamuthi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Na.Ka.No.A2/632/2023, dated 27.03.2023 and quash the same as illegal and also direct the respondents not to interfere with the possession of the petitioner's property in old natham S.F.No.88/2 and New SF.No.427/3 situated in Achangulam Village, Kamuthi Taluk, Ramanathapuram. 1/4

For Petitioner :Mr.D.Packiaraj For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

********** Heard the learned counsel on either side.

2. The petitioner questions the impugned order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner is very much having an appeal remedy. The petitioner is at liberty to file an appeal before the appellate authority within a period of two weeks from the date of receipt of a copy of this order. If such an appeal is filed within a period mentioned by us, it will be entertained without reference to limitation. The appeal will be disposed of on merits and in accordance with law. Till the appeal is disposed of, the impugned order will not be given effect to. All the contentions of the petitioner are left open. If the petitioner fails to file an appeal within the stipulated time, the benefit of the order will stand automatically vacated. 2/4

4. The writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S.,J.] [S.S.Y.,J.] 10.05.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No am/Indu To 1.The District Collector, Ramanathapuram.

2.The Thasildar, Kamuthi.

3.The Block Development Officer, Kamuthi.

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G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

am/Indu 0RDER MADE IN 10.05.2023 4/4