Ravichandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)Nos.16167 and 16168 Of 2021 Ravichandran : Petitioner vs.

1.The District Collector, Office of the District Collector, 2.The Tahsildar, Orathanadu Taluk Office, Orathanadu, 3.The Revenue Inspector, Ulur Circle, Vorathanadu Taluk, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notice issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, dated 08.10.2021 and to quash the same as illegal and consequently directing the respondents to take a decision for handover the land by fixing sale consideration as per the guideline value of the said land comprised in S.No.314/1, situated at Chinna Ponnapur Village, Orathanadu Taluk and take necessary action by considering his representation, dated 01.10.2021.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.B.Saravanan Government Advocate

O R D E R

[Order of the Court was made by M.DURAISWAMY.,J.] The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records pertaining 1/3

to the impugned notice issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act,1905 and to quash the same and consequently directing the respondents to take a decision for handingover the land by fixing the sale consideration as per the guideline value of the said land comprised in S.No.314/1, situated at Chinna Ponnapur Village, Orathanadu Taluk and take necessary action by considering his representation, dated 01.10.2021. 2.The petitioner has challenged the order passed by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act,1905, without exhausting the alternative appeal remedy available to him under Section 10 of the Tamil Nadu Encroachment Act.

Since, the petitioner has filed the Writ petition without exhausting the appeal remedy,we are not inclined to entertain the Writ petition. 3.Accordingly, the Writ Petition is dismissed. No costs. However, it is open to the petitioner to challenge the order passed by the third respondent as per the provisions of the Tamil Nadu Land Encroachment Act, 1905. Consequently, the connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn/lr Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Collector, Office of the District Collector, 2.The Tahsildar, Orathanadu Taluk Office, Orathanadu, 2/3

3.The Revenue Inspector, Ulur Circle, Vorathanadu Taluk, +1 CC to M/s.SPL.GP ( SR-33369[F] dated 01/11/2021 ) 0RDER MADE IN and W.M.P(MD)Nos.16167 and 16168 Of 2021 29.10.2021 SJ(CO) RS/SKN (16.11.2021) 3P 5C 3/3