Naina Mohamed v. The District Collector

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)Nos.14960, 14961, 14962 and 14971 of 2023 Naina Mohamed ... Petitioner in W.P.(MD)No.17915 of 2023 Mohamed Abdul Rahman ... Petitioner in W.P.(MD)No.17916 of 2023 Ahamed Thambi ... Petitioner in W.P.(MD)No.17917 of 2023 Sheik Abdul Rahman ... Petitioner in W.P.(MD)No.17918 of 2023 Vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukottai District.

3.The Revenue Inspector, Manamelkudi, Pudukottai District.

... Respondents in all W.Ps.

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Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the notice dated 15.05.2023 issued by the Revenue Inspector, Manamelkudi and quash the same. (In all W.Ps) For Petitioner : Mr.S.Sankar For Respondents : Mr.K.Balasubramani, Spl. Government Pleader.

COMMON ORDER Heard the learned counsel on either side.

2.What is under challenge in all these writ petitions is only the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act. The petitioners can very well offer their explanation before the third respondent himself. The petitioners are given three more weeks from the date of receipt of a copy of this order to offer their explanation. The third respondent will conduct enquiry and thereafter pass final order on merits and in accordance with law. It is also open to the writ petitioners to 2/4

parallelly submit application before the first respondent / District Collector, Pudukottai for issuance of free house site patta. If the petitioners are eligible and fulfil the norms, the first respondent shall consider the said applications, if filed.

3.With this liberty to the petitioners to move the third respondent, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are 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, Pudukottai District, Pudukottai.

2.The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukottai District.

3.The Revenue Inspector, Manamelkudi, Pudukottai District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 25.07.2023 4/4