Angammal, W/O.Perumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.10109 of 2016 1.Angammal 2.Prema 3.Dhanalakshmi 4.Rajammal 5.Dhanalakshmi, 6.Lakshmi 7.Vembhu 8.Chellammal 9.Jeyalakshmi 10.Padmanabhan 11.Malar 12.Kamalam, W/o.Arumugam, 1/6

13. Kamalam, W/o.Karuppiah, 14.Sampoornam 15.Rengasamy 16.Parvathy 17.Alamelu 18.Soundaravalli 19.Nagavalli 20.Savithri 21.Mahalakshmi 22.Lakshmi 23.Kavitha 24.Maruthai 25.Saraswathy 26.Veerammal 27.Indrani 28.Periyammal 29.Selvarani 30.Bhuvaneswari 31.Nallammal 2/6

32.Padmavathy ... Petitioners Vs.

1.The District Collector, Trichirappalli District, Trichy.

2.The Tahsildar, Musiri Taluk, Trichy District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari by calling for the records relating to the proceedings of the 2nd respondent made in a4/1661/2006 dated 20.7.2016 and quash the same. For Petitioner : Mr.R.Murali For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The petitioners in the present Writ Petition challenges the proceedings of the 2nd respondent made in a4/1661/2006 dated 20.7.2016.

2. It is not in dispute between the parties that action was initiated to remove the encroachments under the Tamil Nadu Land Encroachment Act, 1905. 3/6

3. Learned counsel for the petitioners states that objections were submitted by the petitioners to the Section 7 notice issued, but the same had not been considered. This submission was objected to by the learned counsel appearing on behalf of fifth respondent, who in turn submitted that no objections were submitted by the petitioners in response to the notice issued under Section 7.

4. May that as it be, the Writ Petition was instituted in the year 2016 and seven years lapsed. Therefore, we are inclined to grant one more opportunity to the writ petitioners to submit their further objections and documents, if any, within a period of one week from the date of receipt of a copy of this order and on receipt of such objections, the respondents 1 to 4 are directed to continue the actions and remove all the encroachment as per the survey conducted within a period of four week thereafter.

5. With these directions, this Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. (S.M.S., J.) & (V.L.N., J.) 08.11.2023 NCC : Yes / No Index : Yes / No SJ 4/6

To 1.The District Collector, Trichirappalli District, Trichy.

2.The Tahsildar, Musiri Taluk, Trichy District.

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S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ 08.11.2023 6/6