Karpaga Narayanan .N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.17005 of 2024 N.Karpaga Narayanan ... Petitioner -vs1.The District Collector, Madurai, Madurai District.

2.The Revenue Divisional Officer, Collector Office Road, Madurai.

3.The Tahsildar, Madurai North Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents or their subordinate officials not to evict the petitioner in respect of the land comprised in Survey No.58/1 and 58/2 situated at 51-Kadavur Village, Chathirapati, Madurai District.

For Petitioner : Mr.J.Alaguram Jothi For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

2.Aggrieved by a public notice, which requires all encroachers to remove their encroachments by today, which was put up in the petitioner's property, the petitioner has approached this Court. 3.The Tamil Nadu Land Encroachment Act, 1905, provides a procedure for removal of encroachment on public land. It requires a notice to be given under Section 7 of the Act, followed by an order passed after considering the objections, if any under Section 6. 4.Mr.S.P.Maharajan, learned Special Government Pleader would submit that the public notice was put up because it was not known, who had encroached upon the property. He would also state that now that the petitioner has come to this Court, proper notice would be served on him under Section 7 and action will be taken strictly in accordance with law. 5.Recording the submission of the learned Special Government Pleader, the Writ Petition is disposed of reserving liberty to the respondents

to proceed strictly in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 20.08.2024 NCC :

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

2.The Revenue Divisional Officer, Collector Office Road, Madurai.

3.The Tahsildar, Madurai North Taluk, Madurai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 20.08.2024