Karuppaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13079 of 2017 and W.M.P(MD)Nos.11176, 10126 & 10127 of 2017 Karuppaiah .. Petitioner Vs.

1. The District Collector, Office of the District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Manamelkudi Taluk, Pudukkottai District.

3. The Revenue Inspector, Perumaruthur Firka, Manamelkudi Taluk, Pudukkottai District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records pertaining to the order dated 04.07.2017 and dated 11.07.2017 issued by the 2nd and 3rd respondents in Ko.Palangulam Village, hamlet of Seeganenthal Village, Manamelkudi Taluk, Pudukkottai District.

For petitioner : Mr.M.Venkatesan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader.

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition is directed against notice dated 11.07.2017 issued by the third respondent herein. 2.It is also seen that the second respondent had issued the communication dated 04.07.2017 under Section 5 of the Tamil Nadu Land Encroachment Act 1905. Both the communications impugned in https://hcservices.ecourts.gov.in/hcservices/

the writ petition are to enable the writ petitioner to offer his objection. No final order under Section 6 of the Tamil Nadu Land Encroachment Act has been passed. Therefore, at this stage, there is no cause of action for the writ petitioner to move this Court. Since the writ petitioner had failed to file his objection in response to the notices, time is extended till 31.08.2017 so as to enable the writ petitioner to submit his explanation. 3.It is for the second and third respondents herein to pass appropriate order, after holding due enquiry. 4.The writ petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To:

1. The District Collector, Office of the District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Manamelkudi Taluk, Pudukkottai District.

3. The Revenue Inspector, Perumaruthur Firka, Manamelkudi Taluk, Pudukkottai District.

+1 CC to M/s.M.VENKATESAN, Advocate, SR No. 70553. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 71362 PSD PSM/MR-KKR/SAR2/31.08.2017/2P/6C ORDER MADE IN W.P(MD)No.13079 of 2017 and W.M.P(MD)Nos.11176, 10126 & 10127 of 2017 04.08.2017 https://hcservices.ecourts.gov.in/hcservices/