Madras High CourtWP(MD)/15504/2018dismissed

P.Prem Kumar v. The District Collector

2025-03-06Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.15504 OF 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.15504 of 2018 AND W.M.P.(MD)Nos.13956 & 13957 of 2018 P.Prem Kumar ... Petitioner Vs.

1. The District Collector, Tuticorin District, Tuticorin.

2. The Tahsildar, Tuticorin Taluk, Tuticorin District.

3. The Assistant Executive Engineer, Public Works Department, West Great Cotton Road, Tuticorin - 628 001.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in his proceedings dated 23.03.2018 under Section 7 of the Land Encroachment Act, 1905 and the consequential order issued under Section 6 of the Land Encroachment Act, 1905 dated 07.06.2018 and quash the same as without jurisdiction and non application of mind and consequently 1/4

2 W.P.(MD)NO.15504 OF 2018 direct the respondents not to interfere in the peaceful possession of the land in survey No.786/1 in Mullakadu Part I Village, Tuticorin District to an extent of 0.01.63 ares (4 cents). For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.S.R.A.Ramachandran, Additional Government Pleader.

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O R D E R

Heard both sides.

2. The petitioner challenges the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner does not have an iota of right or title over the said property. The authorities have rightly issued the eviction order. Interference is not warranted. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 6th March 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 2/4

3 W.P.(MD)NO.15504 OF 2018 To:

1. The District Collector, Tuticorin District, Tuticorin.

2. The Tahsildar, Tuticorin Taluk, Tuticorin District.

3. The Assistant Executive Engineer, Public Works Department, West Great Cotton Road, Tuticorin - 628 001.

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4 W.P.(MD)NO.15504 OF 2018 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.15504 of 2018 06.03.2025 4/4