V.Balamuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.14106 of 2025 V.Balamuthu ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk, Srirangam, Trichy District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notice passed by the 2nd respondent in his proceedings in Na.Ka.A3/4490/2024, dated 19.06.2025 and quash the same.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.S.P.Maharajan, Special Government Pleader 1/4

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Admittedly, the notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') has been issued. Thereafter, by affording opportunity to the petitioner, an order under Section 6 of the Act has been issued by the 2nd respondent vide proceedings dated 19.06.2025, which is under challenge in this Writ Petition. 2.As against the said order under Section 6 of the Act, an appeal lies before the District Collector / 1st respondent under Section 10 of the Act. Therefore, granting liberty to the petitioner to prefer an appeal before the 1st respondent, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S., J.) & (A.D.M.C., J.) 07.07.2025 NCC : Yes / No Index : Yes / No Yuva Note: (i) Registry is directed to return the original impugned order to the learned counsel for the petitioner on record, after retaining xerox copy of the same. (ii) Issue order copy by today (07.07.2025) itself. 2/4

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

2.The Tahsildar, Srirangam Taluk, Srirangam, Trichy District.

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S.M.SUBRAMANIAM, J.

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

Yuva 07.07.2025 4/4