V. Gopalakrishnan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 V.Gopalakrishnan ... Petitioner Vs.

1.The District Collector, Collectorate, Tuticorin District.

2.The Tahsildar, Taluk Office, Tuticorin District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Proceedings of the 2nd respondent in pursuance of Impugned Notice dated 16.07.2015 under Sec. 7 of the Tamil Nadu Land Encroachment Act, 1995 and quash the same and also directing the Respondents to grant Patta to the Petitioner in respect of property measuring 20 X 20 at Town Survey No. 2/1, Door No. 316/1, Beach Road, Tuticorin, Tuticorin District.

1/4

For Petitioner : Mr.B.Rajesh Saravanan For Respondents : Mr.S.Ra.Ramachandran Additional Government Pleader

ORDER

What is under challenge is a mere notice issued under Section 7 of the Land Encroachment Act. The writ Court will not be justified in interfering at the notice stage.

2. The learned counsel for the petitioner submitted that he has not been issued with any notice and that it was issued only to his employee. While I will not interfere with the impugned notice, direction is given to the second respondent to issue notice in the name of the petitioner. I have not gone into the merits of the matter. All the contentions of the petitioner are left open. The respondent is directed to adhere to due process of law.

3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 22.09.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Collector, Collectorate, Tuticorin District.

2.The Tahsildar, Taluk Office, Tuticorin District.

3/4

G.R.SWAMINATHAN, J.

rmi 22.09.2023 4/4