Reguram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.16778 of 2024 Raguram ... Petitioner -vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Tahsildar, Radhapuram Circle, Radhapuram, Tirunelveli District.

3.The Commissioner, Valliyoor Panchayat Union, Valliyoor, Tirunelveli District.

4.The President, Chettikulam Panchayat, Chettikulam, Tirunelveli District.

5.Murugan 6.Selvan 7.Jeyasekar ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the impugned order dated 19.07.2024 under reference Na.Ka.A8/3766/2023, passed by the second respondent and quash the same forthwith.

For Petitioners : Mr.S.Palanivelayutham For Respondents 1 to 3 : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.R.A.Ramachandran, learned Additional Government Pleader takes notice for the respondents 1 to 3. Notice to the respondents 4 to 6 is deemed unnecessary. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

2.The impugned notice dated 19.07.2024, is one under Section 7 of the Land Encroachment Act, 1905. It is open to the petitioner to give a reply. Once a reply is given by the petitioner, the authorities will consider the reply and pass appropriate order under Section 6. Hence, we see no ground to entertain the Writ Petition at this stage, since what is under challenge is only a show cause notice. The petitioner shall give his reply within a period of two weeks from today. The authorities will consider the reply of the petitioner and pass appropriate orders. Till such time, the petitioner's possession shall not be disturbed.

3.The Writ Petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 19.08.2024 NCC :

No Index :

No Internet :

Yes Mrn To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Tahsildar, Radhapuram Circle, Radhapuram, Tirunelveli District.

3.The Commissioner, Valliyoor Panchayat Union, Valliyoor, Tirunelveli District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 19.08.2024