Saroja R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Saroja ... Petitioner Vs.

1. The District Collector, Tiruchirapalli.

2. The Assistant Commissioner, Zone - 1, Tiruchirapalli City Municipal Corporation, Tiruchirapalli.

3. The Tahsildhar, Srirangam Taluk, Tiruchirapalli.

4. The Assistant Executive Engineer (O & M), Tamil Nadu Electricity Board, Srirangam, Tiruchirapalli.

5. The Superintending Engineer, Office of Superintending Engineer (Highways), Trichy Circle.

6. B.Muthukumaran

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records in Na.Ka. No. F1/1632/2024 dated 11.04.2025 on the file of the 2nd respondent herein and to quash the same as arbitrary and illegal.

For Petitioner : Mr.S.Venkatesh For R1, R3 & R5 : Mr.S.P.Maharajan Special Government Pleader For R2 : Mr.K.R.Kishore Ram for M/s.R.B. Law Associates For R4 : Mr.P.Suruli Raja for Mr.S.Deenadhayalan, Standing Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The notice issued under Section 128(1B) & (2) of Tamil Nadu Urban Local Bodies Act dated 11.04.2025 is under challenge in the present Writ Petition. 2.The petitioner has not seriously disputed that she is the owner of the land. The learned counsel appearing for the petitioner would however submit that no opportunity was granted to the petitioner to submit her objections. However, 2/5

this Court is inclined to grant one opportunity to the petitioner to submit her defence statement along with documents if any. Accordingly, the petitioner is at liberty to submit defence statement / explanation along with documents, if any within a period of one week from today. On receipt of such representation if any from the petitioner, the official respondents are directed to consider the same and thereafter, remove the encroachments by following the procedures as contemplated under law. The entire exercise is directed to be completed within a period of six weeks from the date of receipt of a copy of this order. 3.With the above direction, this Writ Petition stands disposed of. No costs.

(S.M.S., J.) & (A.D.M.C., J.) 04.06.2025 NCC : Yes / No Index : Yes / No Yuva 3/5

To:-

1. The District Collector, Tiruchirapalli.

2. The Tahsildhar, Srirangam Taluk, Tiruchirapalli.

3. The Superintending Engineer, Office of Superintending Engineer (Highways), Trichy Circle.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

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