Madras High CourtWP(MD)/9128/2017disposed of

R.Chellam, v. The District Collector,

2017-10-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.9128 of 2017 and W.M.P.(MD) Nos.6946 & 6947/2017 R.Chellam ... Petitioner -vs1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Thasildar, Taluk Office Kamuthi, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order of Na.Ka.A4/680/2017 dated 11.03.2017 passed by the 2nd respondent and quash the same and consequently directing the 2nd respondent to consider the petitioner's representation dated 27.04.2017. For Petitioners : Mr.R.Murugappan For Respondents : Mr.J.Gunaseelan Muthiah Govt. Advocate *****

O R D E R

This writ petition has been filed, seeking to quash the impugned order dated 11.03.2017 passed by the 2nd respondent in Na.Ka.A4/680/2017, by which the petitioner was directed to vacate the land within seven days. The petitioner also sought a direction to the 2nd respondent to consider his representation dated 27.04.2017.

2. Heard the learned counsel on either side. By consent, this writ petition is taken up for final disposal.

3. The case of the petitioner is that he had constructed a tiled house in the land in S.Nos.403/15 and 403/12, which is a Natham Manai Arasu Promboku Land and has been living there for more than 35 years. While so, the 2nd respondent issued the present impugned order dated 11.03.2017, directing him to evict the https://hcservices.ecourts.gov.in/hcservices/

premises within seven days. The petitioner has thereafter submitted a representation dated 27.04.2017 to the 2nd respondent and the same has not been considered so far. Aggrieved by the overall act of the respondents, the petitioner is before this Court.

4. At this juncture, the learned Government Advocate appearing for the respondents would submit that against the order of the 2nd respondent, there is an appeal remedy available to the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before the 1st respondent and the petitioner, without exhausting the same, has straightaway approached this Court and therefore, this petition is not maintainable before this Court.

5. In view of the above submissions, this writ petition is disposed of, permitting the petitioner to file an appeal before the first respondent / District Collector within a period of three weeks from the date of receipt of a copy of this order and if any such appeal being filed, the same shall be entertained without raising any objection with regard to limitation and considered on merits and in accordance with law, after affording an opportunity of hearing to the petitioner. It is made clear that till filing appeal by the petitioner, the respondents shall not evict the petitioner from the premises. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.

To:

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Thasildar, Taluk Office Kamuthi, Ramanathapuram District.

+1CC to Mr.R.Murugappan, Advocate, SR.No.84276 +1CC to the Special Government Pleader SR.No.84653 W.P(MD) No.9128 of 2017 30.10.2017 ar AM/RSK/SAR 2/01.11.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/