Madras High CourtWP(MD)/13178/2023disposed of

Kalaiyappan.A v. The District Collector

2023-06-12Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.11141 & 11142 of 2023 A.Kalaiyappan ... Petitioner -vs1.The District Collector Office of the Collectorate Sivagangai 2.The Thasildar Taluk Office Ilayangudi, Sivagangai District 3.The Block Development Officer Block Development Office Ilayangudi Taluk, Sivagangai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records pertaining to the impugned order passed by the second respondent vide his proceeding in RF.XIV.O-1.2,26,206MDU on 02.06.2023 and quash the same as illegal.

For Petitioner :

Mr.D.Senthil For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 & R2 Mr.V.Nirmal Kumar Government Advocate for R3

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Admittedly, there is a remedy of appeal available to the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. However, without exhausting the appeal remedy, the petitioner has rushed to this Court.

2. Considering the fact that the petitioner has constructed a small bathroom in the area, this writ petition is dismissed with liberty to the petitioner to approach the Appellate Authority, namely, the District Collector, under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. The District Collector is required to entertain the appeal filed by the petitioner, if it is filed within a period of fifteen days from today, without insisting on limitation and dispose of the same on merits and in accordance with law,

within a period of twelve weeks thereafter. Till such time, the possession of the petitioner shall not be disturbed. No costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 07.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Office of the Collectorate, Sivagangai.

2.The Thasildar, Taluk Office, Ilayangudi, Sivagangai District.

3.The Block Development Officer, Block Development Office, Ilayangudi Taluk, Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.11141 & 11142 of 07.06.2023