K.Raman 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.13463 of 2025 and W.M.P.(MD)Nos.9692 & 9693 of 2025 1.K.Raman 2.K.Arumugam ... Petitioners -Vs1.The District Collector, Collectorate Campus, Sivagangai, Sivagangai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Kalayar Kovil Taluk, Sivagangai District.

4.The Village Administrative Officer, Maravamangalam Village, Kalayar Kovil Taluk, Sivagangai District.

5.The Assistant Officer of Land Tax, Office of the District Collector,

Collectorate Complex, Madurai District-625 001.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notice issued by the 3rd respondent Tahsildar vide proceedings in Na.Ka.A6/2082/2024, dated 08.04.2025 (served to the petitioners on 22.04.2025) under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (TN Act III of 1905), quash the same insofar as the petitioners are concerned.

For Petitioners : Mr.P.Muthuvel For Respondents : Mrs.D.Farjana Ghoushia, Special 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 08.04.2025 issued by the 3rd 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 petitioners have filed this Writ Petition. Therefore, this Writ Petition is disposed of with liberty to the petitioners 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 (2/2) NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Collectorate Campus, Sivagangai, Sivagangai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Kalayar Kovil Taluk, Sivagangai District.

4.The Village Administrative Officer, Maravamangalam Village, Kalayar Kovil Taluk, Sivagangai District.

5.The Assistant Officer of Land Tax, Office of the District Collector, Collectorate Complex, Madurai District-625 001.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.13463 of 2025 30.04.2025 (2/2)