Poongodi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13778 of 2025 and W.M.P.(MD)Nos.9944 and 9945 of 2025 Poongodi ... Petitioner -Vs1.The District Collector, Ramanathapuram, 2.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

3.The Revenue Divisional Officer, 4.The Tahsildar, Kamuthi Taluk, 5.The Block Development Officer, Kamuthi Block, Ramanathapuram District.

6.The President / Special Officer, Pudhupatti Village Panchayat,

7.Bakkiyaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned eviction Form VI notice in Na.Ka.(B8)7460/2024, dated 17.04.2025 issued by the 4th respondent and quash the same as illegal and consequently, directing the 4th respondent to conduct survey of the lands in S.No.361/19 and 361/18 at Puthukottai Village, Kovilangulam, Kamuthi Taluk, Ramanathapuram District in the presence of the petitioner by considering the petitioner's representation dated 26.04.2025 within the time stipulated by this Court. For Petitioner : Mr.K.Dinesh For R1 to R6 : Mr.M.Sarangan, Additional Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Challenging the eviction order dated 17.04.2025 issued by the 4th respondent, this Writ Petition is filed.

3.At the outset, this Court is of the view that the said eviction order is appealable before the 1st respondent under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. Without exhausting the appeal remedy, the petitioner has filed this Writ Petition. Therefore, we are not inclined to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to prefer an appeal before the 1st respondent. No costs. Consequently, connected miscellaneous petitions are closed.

[J.N.B., J.] & [S.S.Y., J.] 30.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Ramanathapuram, 2.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

3.The Revenue Divisional Officer,

4.The Tahsildar, Kamuthi Taluk, 5.The Block Development Officer, Kamuthi Block, Ramanathapuram District.

6.The President / Special Officer, Pudhupatti Village Panchayat,

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.13778 of 2025 30.04.2025