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Madras High CourtWP(MD)/17468/2023disposed of

Senthilkumar v. The District Collector

2023-07-25Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.14636 of 2023 Senthilkumar ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivaganga, Sivagangai District.

3.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

4.The Zonal Deputy Tahsildar, Ilayangudi Taluk, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to 1/4

call for the records relating to the eviction notice dated 03.07.2023 on the file of the 4th respondent and quash the same and directthe 3rd and 4th respondents to remeasure the petitioner's land in S.No.251/18, Piramankurichi Village, Kachathanallur, Ilayangudi Taluk, Sivagangai District.

For Petitioner : Mr.V.Kannan For Respondents : Mr.K.Balasubramani, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.What is under challenge is only the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act. The petitioner can very well offer his explanation before the fourth respondent himself. It appears that the time set out in the impugned notice has expired. The petitioner is given two more weeks from the date of receipt of a copy of this order to offer his explanation. The fourth respondent shall conduct enquiry, verify the records and thereafter pass final order on merits and in accordance with law under Section 6 of the Act. 2/4

3.Leaving open all the contentions and defences of the writ petitioner, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.J.,) & (B.P.J.,) 25.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivaganga, Sivagangai District.

3.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

4.The Zonal Deputy Tahsildar, Ilayangudi Taluk, Sivagangai District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 25.07.2023 4/4