Madras High CourtWP(MD)/23522/2024dismissed

Pandi v. The District Collector / Monitoring Committee

2024-10-01Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.19907 and 19909 of 2024 Pandi, S/o.Rajamani ... Petitioner -vs1.The District Collector / Monitoring Committee, Virudhunagar, Virudhunagar District.

2.The Thasildar, Sivakasi Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for entire records relating to the impugned notice issued by the second respondent in Na.Ka.A1/6591/2016, dated 14.09.2024, in respect of Survey No.358/47, situated at Thayilpatti Village, Sivakasi Taluk, Virudhunagar District, impugned notice issued by the second respondent in Na.Ka.A1/6591/2016, dated 14.09.2024, in respect of Survey No. 359/9 situated at Thayilpatti Village, Sivakasi Taluk, Virudhunagar District and impugned notice issued by the second respondent in Na.Ka.A1/6591/2016, dated

14.09.2024, in respect of Survey No.359/29, situated at Thayilpatti Village, Sivakasi Taluk, Virudhunagar, insofar as the writ petitioner and quash the same as illegal insofar as the writ petitioner.

For Petitioner : Ms.S.Meena For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The order under challenge is an order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [Act III of 1905]. Section 10 of the said Act enables a person, who has suffered an order passed under Section 6 of the Act to file an appeal before the District Collector.

2. The learned counsel for the petitioner would submit that an appeal has been filed by the petitioner.

3. It is for the District Collector to dispose of the appeal in accordance with law. Since an appeal has already been filed, we do not find any ground to

entertain the Writ Petition. The Writ Petition is therefore dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 01.10.2024 smn2 To:- 1.The District Collector / Monitoring Committee, Virudhunagar, Virudhunagar District.

2.The Thasildar, Sivakasi Taluk, Virudhunagar District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 and W.M.P.(MD)Nos.19907 and 19909 of 2024 01.10.2024