Pandeeswari v. State Represented By The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.19487 of 2024 Pandeeswari ... Petitioner -vs1.State Rep. by the District Collector, Collectorate, Virudhunagar.

2.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Taluk Office, Kariapatti, Virudhunagar District. ...Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned eviction notice issued by the 3rd respondent in his proceedings in Na.Ka.A8/1790/2024, dated 18.09.2024 and quash the same.

For Petitioner :

Mr.S.Krishnan For Respondents :

Mr.S.P.Maharajan, Special Government Pleader

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] The prayer in the writ petition reads as follows: "To issue a Writ of Certiorari, to call for the records pertaining to the impugned eviction notice issued by the 3rd respondent in his proceedings in Na.Ka.A8/1790/2024, dated 18.09.2024 and quash the same."

2. The District Collector, Virudhunagar is present, pursuant to our order dated 04.10.2024. He would submit that the papers were forwarded to the Revenue Divisional Officer by mistake, since the appeal was treated as an application for regularization of the encroachment. The said explanation is accepted.

3. It is also found from the records that the District Collector has passed an order in the appeal on merits and while recalling the order under Section 6, he has directed the Tahsildar to initiate fresh steps strictly in accordance with the provisions of the Land Encroachment Act, 1905, by issuing a show cause notice under Section 7, conduct an enquiry and thereafter decide under Section 6.

4. In view of the appeal having been allowed, the petitioner's grievance stands redressed. The learned counsel for the petitioner would invite us to decide as to whether the encroachment is objectionable or not. We do not think, we could go into that question as it is within the exclusive jurisdiction of the authorities under the Land Encroachment Act, 1905. We therefore refrain from going into the question. Leaving it open to the petitioner to raise all defences open

to her if fresh action is initiated under the Land Encroachment Act, 1905. The writ petition is dismissed. There shall be no order as to costs. [R.S.M., J.] [L.V.G., J.] 14.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.State Rep. by the District Collector, Collectorate, Virudhunagar.

2.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Taluk Office, Kariapatti, Virudhunagar District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 14.10.2024