Muthuramalingam. P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.13069 & 13070 of 2023 P.Muthuramalingam ... Petitioner -vs1.The District Collector Office of the Collectorate Sivagangai District 2.The Revenue Divisional Officer Office of Revenue Divisional Office Sivagangai District 3.The Tahsildar Manamadurai Taluk Manamadurai Sivagangai District 4.The Head Quarters Deputy Tahsildar Thirupuvanam 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 of the fourth respondent dated 06.05.2023 notice and quash the same. For Petitioner :

Mr.S.Ramsundarvijayraj For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. Challenge in this writ petition is to the notice, dated 06.05.2023, issued by the fourth respondent, under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.

4. Though the averments in the affidavit would reveal that the petitioner has been served with an order passed under Section 6 of the Tamil

Nadu Land Encroachment Act, 1905, that is not made as the subject matter of this writ petition.

5. Learned Special Government Pleader appearing for the respondents has produced a copy of the order dated 29.05.2023, passed by the Tahsildar, Thirupuvanam Taluk, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

6. Leaving it open to the petitioner to challenge the order dated 29.05.2023, passed by the Tahsildar, Thirupuvanam Taluk, passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, in the manner known to law, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 28.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

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

2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Sivagangai District.

3.The Tahsildar, Manamadurai Taluk, Manamadurai, Sivagangai District.

4.The Head Quarters Deputy Tahsildar, Thirupuvanam Taluk, Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.13069 & 13070 of 28.06.2023