Madras High CourtWP(MD)/24823/2023disposed of

Karuppa Pillai v. The District Collector

2023-10-17Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.24823 of 2023 and W.M.P.(MD)Nos.21011 & 21012 of 2023 Karuppa Pillai ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Tahsildar, Kadavur Taluk, Karur District.

3.The Revenue Inspector, Mylampatti Circle, Kadavur Taluk, Karur District.

4.The President, Keelapaguthi Village, Tharagampatti, Karur District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in A.Thi.Mu. No.323/2023, dated 03.10.2023, passed by the 3rd respondent and quash the same as illegal and consequently, direct the respondents to conduct proper enquiry by given opportunity to the petitioner on the basis of the representation dated 04.10.2023.

For Petitioner : Mr.S.Gokulraj For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2. The petitioner challenges the impugned order passed under Section 6 of the Tamil Nadu Land Encroachment Act primarily on the ground that notice under Section 7 of the Act was not earlier issued. After filing of the writ petition, notice under Section 7 of the Act has been issued on 14.10.2023.

3. The learned Special Government Pleader states that the impugned order shall be recalled immediately.

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4. The petitioner is at liberty to offer his explanation in response to the Section 7 notice. Enquiry shall be held and final order shall be passed on merits and in accordance with within a period of eight weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 17.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Kadavur Taluk, Karur District.

3.The Revenue Inspector, Mylampatti Circle, Kadavur Taluk, Karur District.

4.The President, Keelapaguthi Village, Tharagampatti, Karur District.

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

rmi W.P(MD)No.24823 of 2023 17.10.2023 4/4