S.Balan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.18745 and 18746 of 2024 S.Balan ... Petitioner -vs1.The District Collector, Collectorate, Theni District.
2.The Tahsildar, Andipatti Taluk, Theni District.
3.The Block Development Officer, K.Mayiladumparai, Theni District.
4.The Revenue Inspector, Mayiladumparai, Theni District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in Na.Ka.No.1601/2019/Thi1 dated 04.03.2024 on the file of the respondent No.3 and consequential Impugned Notice dated 05.09.2024 on the file of the respondent No.4 and quash the same as illegal and consequently directing the respondents not to disturb the petitioner's dwelling house situated in Natham Survey No.1847/13 (old survey no.298/2 and 300) Mayiladumparai Village, Andipatti Taluk, Theni District.
For Petitioner :
Mr. I.Pinaygash For Respondents : Mr.S.P.Maharajan, Special Government Pleader
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.] By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
2. Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents.
3. Challenge is to the notice issued under Section 7 of the Land Encroachment Act, 1905. Notice under Section 7 is only a showcause notice. It is well open to the petitioner to give a reply and await orders to be passed under Section 6.
4. Hence, we don't find any merit in this writ petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 19.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml
To 1.The District Collector, Collectorate, Theni District.
2.The Tahsildar, Andipatti Taluk, Theni District.
3.The Block Development Officer, K.Mayiladumparai, Theni District.
4.The Revenue Inspector, Mayiladumparai, Theni District.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
Sml 19.09.2024