M.Malliga v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.11912 & 11913 of 2025 M.Malliga ... Petitioner Vs.

1. The District Collector, Collectorate, Ramanathapuram District.

2. The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3. The Special Thasildar, Adi Dreavidar and Tribal Welfare Department, Paramakudi Taluk, Ramanathapuram District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned notice issued by the 2nd respondent in Na.Ka.A3.11814-2025 dated 1/4

15.04.2025 and quash the same as illegal and without jurisdiction and consequently direct the 3rd respondent to issue house site patta to the petitioner in respect of her house in S.No.519/1, D.No.15, Muthupattinam Adi Dravidar Colony, Varavani Village, Paramakudi Taluk, Ramanathapuram District to the extent of 120 sq.mtr.

For Petitioner : Mr.R.Gowri Shankar For Respondents : Mr.P.Thilakkumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The proceedings issued by the Tahsildar under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 dated 15.04.2025 is under challenge in the present writ petition.

2. The order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is susceptible to an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. Therefore, the petitioner is at liberty to approach the appellate authority, who in turn, is empowered to adjudicate both the merits and legal grounds raised by the petitioner. 2/4

3. With this liberty, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 11.06.2025 NCC : Yes / No Index : Yes / No Sm 3/4

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Sm To:-

1. The District Collector, Collectorate, Ramanathapuram District.

2. The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3. The Special Thasildar, Adi Dreavidar and Tribal Welfare Department, Paramakudi Taluk, Ramanathapuram District.

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