S. Jeyaraj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.21285 of 2018 S.Jeyaraj ... Petitioner Vs.

1.The Tahsildar, Srivilliputhur, Virudhunagar District.

2.Muneeswaran @ Eswaran 3.M.Revathy 4.K.Kandammal 5.M.Koodammal ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the respondent in his proceedings in Na.Ka.A1/6179/2018 dated 19.11.2018 and to quash the same as illegal.

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For Petitioner : Mr.N.Satheesh Kumar For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1

ORDER

What is under challenge in this writ petition is an order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. It is an appealable order. It is not known if the petitioner is still in occupation of the subject property.

2.We grant liberty to the petitioner to file an appeal before the appellate authority under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. If such an appeal is filed within a period of four weeks from the date of receipt of a copy of this order, it will be entertained without reference to limitation by the appellate authority. Of course, if the order had already been implemented and the petitioner had been dispossessed, grant of liberty will not give any fresh lease of life to the cause.

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3.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 05.03.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To The Tahsildar, Srivilliputhur, Virudhunagar District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

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