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Madras High CourtWP(MD)/12199/2023disposed of

Suganya .S v. The District Collector

2023-05-18Honourable The Acting Chief Justice,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.10430 of 2023 S.Suganya ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District.

3.The Tahsildar, Karaikudi Taluk, Sivagangai District.

4.The Zonal Deputy Tahsildar, Sakkottai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice issued by the fourth respondent in Form-III, dated 26.04.2023 under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, quash the same and consequently, directing the respondents to issue Patta to

the petitioner in respect of land to an extent of 0.04.38 Ares in Survey No.242/4 at Iluppakudi Group, Sakkottai, Karaikudi Taluk, Sivagangai District, by considering the reply of the petitioner, dated 28.04.2023.

For Petitioner : Mr.A.Karthik For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] The Writ Petition is not maintainable as the petitioner has to give her reply to the impugned notice dated 26.04.2023, issued by the fourth respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. Therefore, it is open to the petitioner to submit a detailed response by enclosing relevant and authenticated documents to the fourth respondent and on receipt of the same, the fourth respondent shall duly consider the same and pass appropriate orders in accordance with law.

2.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes / No [T.R., A.C.J.] [L.V.G., J.] Index: Yes / No 18.05.2023 Internet: Yes

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District.

3.The Tahsildar, Karaikudi Taluk, Sivagangai District.

4.The Zonal Deputy Tahsildar, Sakkottai, Sivagangai District.

T.RAJA, A.C.J.

and L.VICTORIA GOWRI , J.

smn2 ORDER MADE IN DATED : 18.05.2023