C.Thiyagarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.21907 of 2024 C.Thiyagarajan : Petitioner Vs.

1.The District Collector, O/o. The District Collector, Karur, Karur District.

2.The Tahsildar, O/o. Tahsildar, Krishnarayapuram Taluk, Karur District.

3.Rajamanickam : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records 1/5

relating to the impugned order passed by the second respondent in Na.Ka.No.A2/1879/2023 dated 09.10.2024 and quash the same. For Petitioner : Mr.R.Ramaguru For Respondents 1 & 2 : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] The order under Section 6 of "the Tamil Nadu Land Encroachment Act, 1905" [hereinafter referred to as "the Act" for brevity], claiming that the petitioner had encroached upon S.No. 167/27 which is classified as a Public Street is under challenge in this Writ Petition. The preceding notice under Section 7 of the Act also refers to the survey number as 167/27.

2.Learned Additional Government Pleader appearing for the official respondents on instructions submitted that the eviction proceedings which the respondents intended to initiate was for the petitioner's alleged encroachment at S.No.162/27, which is the correct classification and not S.No.167/27, as stated in the notice under Section 7, as well as the order under Section 6. He would 2/5

further submit that they may be granted liberty to proceed against the petitioner who has encroached upon S.No.162/27. 3.In the light of the submission made, the impugned order is quashed with liberty to the respondents to initiate fresh proceedings against the alleged encroachers in S.No.162/27. 4.Accordingly, this Writ Petition stands allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 11.11.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, O/o. The District Collector, Karur, Karur District.

2.The Tahsildar, O/o. Tahsildar, Krishnarayapuram Taluk, Karur District.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 11.11.2024 5/5