Dhanalakshmi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD) Nos.10191, 10192, 10828, 13497 & 14058 of 2018 and W.M.P.(MD) Nos.9247, 9248, 9249, 9952, 9953, 12298, 12299, 12745 & 12746 of 2018 W.P.(MD) No.10191 of 2018:

Dhanalakshmi ... Petitioner -vs1.The District Collector Trichy District, Trichy 2.The Tahsildar Musiri Taluk Trichy District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the impugned order of the second respondent made in A4/4546/2016, dated 17.04.2018 and quash the same.

For Petitioner :

Ms.M.Maria Vinola For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader C O M M O N O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] The orders passed by the respondent - Tahsildar under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (for brevity, "the Act"), are under challenge in the present writ petitions.

2. Pursuant to the survey conducted by the revenue authorities and on identification of the encroachments in the Government lands, the authority concerned issued notices under Section 7 of the Act to the petitioners and they have submitted their representations / objections and thereafter, the impugned orders under Section 6 of the Act have been passed.

3. Learned counsel for the petitioners mainly contended that the impugned orders are cryptic and no reason has been assigned and therefore, the same are to be set aside.

4. We are unable to agree with the said contention. The Revenue Authorities are incompetent to adjudicate the title disputes or to crystallize the civil rights of the parties in such matters. If at all the petitioners possess any document to establish their title or ownership, they have to approach the competent civil court of law. Therefore, we do not find any reason to interfere with the orders impugned in the present writ petitions. However, the petitioners are at liberty to prefer appeals under Section 10 of the Act, before the appellate authority, within a period of fifteen days from the date of receipt of a copy of this order. If any such appeals are preferred, the same are to be decided by the appellate authority, on merits and in accordance with law, without reference to the period of limitation.

5. With the above observations, the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [V.L.N., J.] 20.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Musiri Taluk, Trichy District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk W.P.(MD) Nos.10191, 10192, 10828, 13497 & 14058 of 2018 and W.M.P.(MD) Nos.9247, 9248, 9249, 9952, 9953, 12298, 12299, 12745 & 12746 of 2018 20.12.2023