P.Chikkanan 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) Nos.10710 and 10711 of 2025 P.Chikkanan ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Vedasanthur Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned notice issued by the 3rd respondent in Na.Ka.No.1102/2024/A3 dated 17.04.2025.

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For Petitioner : Mr.N.Marimuthu For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

(Order of the Court was made by R.VIJAYAKUMAR, J.) The present writ petition has been filed challenging the order dated 17.04.2025, wherein the petitioner has been directed to remove the encroachments.

2.Perusal of the records reveal that challenging the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner has already approached this Court and filed W.P.(MD) Nos.1293 to 1295 of 2025. This Court, by order dated 06.03.2025, had directed the petitioners therein to submit their objections to the authorities within a period of three weeks from the date of receipt of a copy of that order. The authorities were directed to consider the said objections and pass orders thereafter. Even before the order copy was received by the petitioner, the present impugned order, dated 17.04.2025, has 2/5

been passed. After receiving a copy of the order, the petitioner has sent his objection on 02.05.2025. However, without considering the said objection, the impugned order had been passed.

3.Considering the fact that the impugned order has been passed without considering the objection raised by the writ petitioner, the impugned order in this writ petition is set aside and the matter is remitted back to the file of the third respondent herein for fresh consideration, after considering the objection raised by the writ petitioner on 02.05.2025.

4.With the aforesaid directions, the Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. [S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes mm 3/5

To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Vedasanthur Taluk, Dindigul District.

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S.SRIMATHY , J.

and R.VIJAYAKUMAR , J.

mm ORDER MADE IN W.P(MD) No.14497 of 2025 DATED : 21.05.2025 5/5