R.Theivendran v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.14672 & 14673 of 2024 R.Theivendran ... Petitioner vs.

1.The District Collector/Monitoring Committee, Office of the District Collector, 2.The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer/Sub Collector, Sankarankovil Taluk, Tenkasi District.

4.The Tahsildar, Thiruvenkadam Taluk Office, 5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, 1/6

6.The Block Development Officer, Village Panchayat, Kuruvikulam, Tenkasi District.

7.The Revenue Inspector, Thiruvenkadam Town Panchayat, 8.The Executive Officer, Thiruvenkadam Town Panchayat, 9.A.Vinayagam ... Respondents (R - 9 is impleaded vide order dated 24.06.2025 in W.M.P(MD)No.23429 of 2024) 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 order of eviction passed by the 7th respondent vide his proceeding Nil, dated 17.07.2024 and quash the same as illegal and for other reliefs. For Petitioner : Mr.B.Arun For RR 1 to 4 & 6 to 8 : Mr.V.Om Prakash Government Advocate For R - 5 : Mr.P.Subbaraj Special Government Pleader For R - 9 : Mr.K.Dinesh 2/6

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The impugned order passed by the seventh respondent, dated 17.07.2024, is under challenge in the present Writ Petition. 2.Enforcement action was initiated for the removal of encroachment under the provisions of the Tamil Nadu Land Encroachment Act, 1905. A Section 7 notice was issued to afford opportunity to the encroacher. Thereafter, the Revenue Thasildar, Thiruvengadam passed an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

3.If at all the petitioner is aggrieved, he has to prefer an appeal before the District Collector under Section 10 of the of the Tamil Nadu Land Encroachment Act, 1905. However, there is no bar for the Revenue Tahsildar to conclude the enforcement action.

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4.Granting liberty to the petitioner to prefer an appeal, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S.,J.] & [A.D.M.C.,J.] 24.06.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector/Monitoring Committee, Office of the District Collector, 2.The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer/Sub Collector, Sankarankovil Taluk, Tenkasi District.

4.The Tahsildar, Thiruvenkadam Taluk Office, 5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, 6.The Block Development Officer, Village Panchayat, Kuruvikulam, Tenkasi District.

7.The Revenue Inspector, Thiruvenkadam Town Panchayat, 8.The Executive Officer, Thiruvenkadam Town Panchayat, 5/6

S.M.SUBRAMANIAM , J.

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

ps ORDER MADE IN DATED : 24.06.2025 (1/2) 6/6