J. John Xavier, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE C.T.SELVAM Writ Petition (MD).No.5368 of 2016 and W.M.P.(MD).Nos.4819 and 4820 of 2016 J.John Xavier ... Petitioner Vs.
1. The District Collector, Trichy District, Trichy.
2. The Block Development Officer, O/o. The Block Development Office,
3. The Village Executive Officer, ... Respondents Prayer :
Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records with respect to impugned notice dated 18.12.2015 issued by the second respondent under Section 5 of the Tamil Nadu Land Encroachment Act with respect to the property in Old Survey No.218/3 and New Survey No.457/15 and 16 measuring an extent of 0.0100 sq.mts. situated at Senkanam Village, Karunkulam Village Panchayat, Vaiyampatti Panchayat Union, Trichy District and quash the same. For Petitioner : Mr.N.R.Balaji For Respondents : Mr.A.K.Baskara Pandian Special Govt. Pleader
O R D E R
(Order of the Court was made by S.MANIKUMAR,J.) Material on record discloses that alleging encroachment in Survey Nos.457/21 and 756/24, notices have been issued by the
Block Development Officer, Panchayat Union, Vaiyampatti to the writ petitioner, for which, a reply dated 11.01.2016 is stated to have been given. However, going through the material on record, we do not find any acknowledgment for the sending a reply dated 11.01.2016.
2. The prayer sought for in the present writ petition is for a writ of Certiorarified Mandamus to call for the records with respect to impugned notice dated 18.12.2015 issued by the second respondent under Section 5 of the Tamil Nadu Land Encroachment Act, 1905 with respect to the property in Old Survey No.218/3 and New Survey No.457/15 and 16, measuring an extent of 0.0100 sq.mts. situated at Senkanam Village, Karunkulam Village Panchayat, Vaiyampatti Panchayat Union, Trichy District and to quash the same.
3. Notices issued not with reference to the old Survey No.218/3 and New Survey No.457/15. Whereas, notices have been issued to Survey Nos.457/21 and 756/24. However, contending inter alia that the property in Survey No.457/15 has been marked, Writ of Certiorarified Mandamus sought for to quash the notices dated 18.12.2015 correlating to the property in New Survey No.457/15, cannot be granted by this Court. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
4. If the petitioner had already sent a reply dated 11.01.2016 and the service is acknowledged, with reference to the notice issued by the Block Development Officer, Panchayat Union, Vaiyampatti, dated 18.12.2015, the same shall be considered and appropriate orders be passed.
Sd/ Assistant Registrar (CS II) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Trichy District, Trichy.
2. The Block Development Officer, O/o. The Block Development Office,
3. The Village Executive Officer,
3. The Village Executive Officer, +One CC to Special Government Pleader in Sr.No.15507 +One CC to Mr.N.R.Balaji, Advocate in Sr.No.15197 CN/AN-MP/4.04.2016/3P-6C Writ Petition(MD).No.5368 of 2016 17.03.2016