Ganesan v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.21778 of 2024 1.Ganesan 2.Muthuraja 3.Sumathi 4.Paramasamy 5.Sangeetha 6.Murugesan 7.Karuppasamy 8.Muthukumar 9.Mariammal 10.Seenivasan ... Petitioners vs.
1.The Secretary to Government, Revenue Administration and Disaster Management, Secretariat, Chennai - 600 009.
2.The Commissioner, Land Administration Department, 2nd Floor, Ezhilagam Chennai - 600 005.
3.The District Collector, Page No.1 of 5
4.The District Revenue Officer, District Collectorate, 5.The Revenue Divisional Officer, Aruppukkottai Sub Division, Virudhunagar District.
6.The Tahsildar, Kariapatti Taluk, Virudhunagar District.
7.The Firka Revenue Inspector, Kariapatti Firka, Kariapatti Taluk Virudhunagar District.
... 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 impugned order passed by the 7th respondent in Tha.Pa.No.97/2024, dated. Nil. 10.2024 and quash the same as illegal and unsustainable in law, consequently, direct the respondents to rectify the revenue records of S.Nos.123 and 124 of Ariyanendhal Village, Kariapatti Taluk, Virudhunagar District, and take proper survey indiscriminately and remove encroachment, if any, in accordance with law.
For Petitioners : Mr.R.Ponkarthikeyan For Respondents : Mr.P.T.Thiraviam Government Advocate Page No.2 of 5
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.) What is challenged is only a notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. It is only a show cause notice.
2. Though the notice reads as if it is an eviction order, it is open to the petitioners to submit their objections to the said notice. We also find that the petitioners have submitted a detailed objections on 13.10.2024, the authorities will consider the said objections before taking further action. The authorities will also conduct a survey, if it is required.
3. The Writ Petition is disposed of with the above observations. No costs. Consequently, connected Miscellaneous Petition is closed. (R.S.M, J.) (L.V.G, J.) 25.10.2024 Index : No (2/2) : No smn2 To 1.The Secretary to Government, Revenue Administration and Disaster Management, Secretariat, Chennai - 600 009.
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2.The Commissioner, Land Administration Department, 2nd Floor, Ezhilagam Chennai - 600 005.
3.The District Collector, 4.The District Revenue Officer, District Collectorate, 5.The Revenue Divisional Officer, Aruppukkottai Sub Division, Virudhunagar District.
6.The Tahsildar, Kariapatti Taluk, Virudhunagar District.
7.The Firka Revenue Inspector, Kariapatti Firka, Kariapatti Taluk Virudhunagar District.
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R.SUBRAMANIAN, J.
and L.VICTORIA GOWRI, J.
smn2 ORDER MADE IN DATED : 25.10.2024 (2/2) Page No.5 of 5