Nagarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.10495 of 2025 Nagarajan ... Petitioner vs.

1.The District Collector, Office of the Collectorate Building, Ramanathapuram.

2.The Sub Collector Cum Revenue Divisional Officer, O/o.Revenue Divisional Office, Paramakudi Divisional, Ramanathapuram District.

3.The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice issued by the third respondent in Na.Ka.No.A3/0288/2025, dated 20.03.2025 and received the impugned order dated 07.04.2025 and quash the same.

For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.A.Baskaran Additional Government Pleader

ORDER

(Order of the Court was made by S.SRIMATHY, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has filed the present Writ Petition challenging the impugned notice issued by the third respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, dated 20.03.2025. 2/6

3. According to the petitioner, he received the impugned notice on 07.04.2025. However, in the meantime, the respondent passed final orders under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on 09.04.2025. Since the petitioner could not submit his objection within the stipulated time, he is now seeking an opportunity to submit his objection. 4.Heard Mr.A.Baskaran, learned Additional Government Pleader, appearing for the respondents.

5.Considering the facts and circumstances of the case, the order passed by the third respondent dated 09.04.2025 is set aside. The petitioner is directed to submit his objection to the impugned notice dated 20.03.2025 to the third respondent within a period of two weeks from the date of receipt of a copy of this order. The third respondent shall consider the objection and pass appropriate orders within a period of six weeks thereafter. 6.With the above directions, this Writ Petition is disposed of. There 3/6

shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

[S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Office of the Collectorate Building, Ramanathapuram.

2.The Sub Collector Cum Revenue Divisional Officer, O/o.Revenue Divisional Office, Paramakudi Divisional, Ramanathapuram District.

3.The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

5/6

S.SRIMATHY , J.

and R.VIJAYAKUMAR, J.

ps ORDER MADE IN DATED : 21.05.2025 6/6