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Madras High CourtWP(MD)/23700/2024dismissed

Murugan v. The District Collector

2024-10-04Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)No.20067 of 2024 Murugan ... Petitioner vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Tahsildar Watrap Taluk, Virudhunagar District.

3. The Village Administrative Officer, Kunnur Village, Watrap Taluk, Virudhunagar District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records on the file of the 2nd respondent in his eviction order Na.Ka.A.4/2285/2024 dated 13.09.2024 quash the same by this Court.

For Petitioner : Mr.M.Ganesh Kamu Page No.1 of 4

For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) Challenge in this Writ Petition is to the notice dated 13.09.2024, issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as ''the Act'']. It is only a show cause notice. It is open to the petitioner to send a reply. After an order is passed under Section 6 of the Act, an appellate remedy is also available under Section 10 of the Act. Hence, we find that the Writ Petition is premature. Therefore, the Writ Petition is dismissed. The petitioner will submit his reply to the Tahsildar, Watrap Taluk, Virudhunagar District, within a period of 15 days from today. If any such reply is submitted by the petitioner, the Tahsildar, Watrap Taluk, Virudhunagar District, will consider the same before proceeding to pass orders under Section 6 of the Act. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M, J.) (L.V.G, J.) 04.10.2024 Index : No : No smn2 Page No.2 of 4

To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Tahsildar Watrap Taluk, Virudhunagar District.

3. The Village Administrative Officer, Kunnur Village, Watrap Taluk, Virudhunagar District.

Page No.3 of 4

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

smn2 ORDER MADE IN DATED : 04.10.2024 Page No.4 of 4