C.Subramanian v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD) No.14592 of 2025 C.Subramanian ... Petitioner -vs1.The District Collector Pudukkottai District 2.The Tahsildar Ponnamaravathi Taluk Pudukkottai District 3.The Revenue Inspector Arasamalai Region Ponnamaravathi Taluk Pudukkottai District 4.Palanivelu ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to quash the impugned order dated 13.06.2025 in Na.Ka.3693/2024/AA2 passed by the 2nd respondent and quash the same and consequently directing the official respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property.
For Petitioner :
Mr.N.Sudhagar Nagaraj For Respondents :
Mr.J.Ashok Additional Government Pleader for R1 to R3
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted challenging the final notice, dated 13.06.2025, issued by the Tahsildar, Ponnamaravathi Taluk, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (in short, "the Act").
2. The notice issued under Section 6 of the Act is susceptible to an appeal under Section 10 of the Act. Factual disputes are to be resolved by
the competent appellate authority. High Court cannot decide the disputed facts relating to the civil rights of the parties. Therefore, the petitioner is granted liberty to prefer an appeal before the authority concerned under Section 10 of the Act and work out his remedy in accordance with law.
3. Granting such liberty to the petitioner, the present writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [S.S.Y., J.] 15.07.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The District Collector, Pudukkottai District.
2.The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.
3.The Revenue Inspector,
Arasamalai Region, Ponnamaravathi Taluk, Pudukkottai District.
S.M.SUBRAMANIAM, J.
and S.SRIMATHY , J.
krk and W.M.P.(MD) No.14592 of 2025 15.07.2025