Rajappa v. 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)Nos.20103, 20107 and 20108 of 2024 Rajappa ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.
2.The District Revenue Officer, Sivagangai District, Sivagangai.
3.The Revenue Divisional Officer, Sivagangai Division, 4.The Tahsildar, Ilayangudi Taluk, 5.The Zonal Deputy Tahsildar, Ilayangudi Taluk, Sivangangai District.
6.The Block Development Officer, Ilayangudi Union, ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notice issued by the 4th respondent in R.F.XIV.O-1.2,26,206MDU dated 23.06.2024 and quash the same and consequently forbear the respondents from evicting the petitioner from the house situated in No. 455/9B & 456/1, Nagarakudi Group Village, Valakkani Village, Ilayangudi, For Petitioner : Mr.K.Navaneetha Raja For Respondents : Mr.P.T.Thiraviyam Government Advocate
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.T.Thiraviyam, learned Government Advocate takes notice for the respondents.
2.The order under challenge is one made under Section 6 of the Land Encroachment Act, 1905.
3.Section 10 of the Act provides for an Appeal against the order made under Section 6, before the District Collector. The main ground on which, the petitioner rushed to this Court is that his application for correction of UDR entries is pending before the District Revenue Officer/second respondent.
4.Mr.P.T.Thiraviyam, learned Government Advocate has produced the order passed by the District Revenue Officer, dated 10.10.2024, rejecting the application and requiring the petitioner to move the appropriate Civil Court, if he feels aggrieved by the order.
5.In view of the above disposal of the representation of the petitioner regrading corrections in the updated revenue register, the petitioner will have to necessarily move the Collector by way of an Appeal under Section
10. There is no special circumstances, which enable us to entertain the Writ Petition dehors the alternative remedy available. Hence, the Writ Petition is disposed of. The petitioner is given four weeks time to file an Appeal. If an Appeal filed within four weeks from today, the District Collector will entertain the Appeal dehors the question of limitation and hear the same on merits. Till the Appeal is disposed of, no coercive action will be taken. 5.The Writ Petition is disposed of with the above observation. No Costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 14.10.2024 NCC :
Yes/No Index :
Yes/No Internet :
Yes Mrn
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The District Revenue Officer, Sivagangai District, Sivagangai.
3.The Revenue Divisional Officer, Sivagangai Division, 4.The Tahsildar, Ilayangudi Taluk, 5.The Zonal Deputy Tahsildar, Ilayangudi Taluk, Sivangangai District.
6.The Block Development Officer, Ilayangudi Union,
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
Mrn 14.10.2024