R. Balasubramanian v. The District Collector

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 W.M.P.(MD)Nos.20277 and 20278 of 2024 1.R.Balasubramanian 2.V.Velmurugan ... Petitioners -vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk, Sivagangai District.

3.The Revenue Inspector, Muthanenthal, Manamadurai Taluk, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notice dated 28.08.2024, issued by the third respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same as illegal.

For Petitioners : Mr.Arivalagan For Mr.A.Muthukumar For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents.

2.The challenge in the Writ Petition is to the notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.

3.Notice under Section 7 is only a show cause notice and it is also seen that the petitioners have submitted their reply. It is for the authorities to take a final decision, after considering the reply of the person and pass orders under Section 6, which are made appealable under Section 10. 4.We do not see any reason to entertain the Writ Petition at this stage. Hence, the Writ Petition is dismissed. It is made clear that the authorities will follow the procedure prescribed under law in the proceedings for

eviction. No Costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 04.10.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk, Sivagangai District.

3.The Revenue Inspector, Muthanenthal, Manamadurai Taluk, Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 04.10.2024