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Madras High CourtWP(MD)/24426/2025disposed of

L.Gopalakrishnan v. The District Collector

2025-09-09Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)Nos.19166 & 19167 of 2025 L.Gopalakrishnan ... Petitioner /Vs./ 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Vedasandur Taluk, Vedasandur, Dindigul District.

3.The Revenue Inspector, Vedasandur Circle, Vedasandur Taluk, Dindigul District.

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

impugned notices of the third respondent dated 03.07.2025 and issued by the second respondent in his proceedings in Na.Ka.No.4109/2025/A3, dated 21.07.2025 and 19.08.2025 and quash the same. For Petitioner : Mr.P.Sivachandran For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner is aggrieved by action taken by the respondents under the Tamil Nadu Land Encroachment Act, 1905 ('Act') in respect of the properties at Survey Nos.1063/3 and 1089/2 in Kalvarpatti Village ('properties'/'properties in question').

2.According to the petitioner, these properties are his patta properties. However, no material has been brought on record to establish the aforesaid. He had received a notice under Section 7 of the Act on 03.07.2025. No reply, along with acknowledgement of filing, has been produced before us.

3.In the aforesaid circumstances, an order under Section 6 of the Act had come to be passed on 21.07.2025 without reference to any 2/5

explanation on the part of the petitioner. No statutory appeal has been filed as against the same. Instead, the petitioner has filed an appeal before the District Collector, Dindigul District as against the proceedings in Na.Ka.No.4109/2025/A3 dated 19.08.2025, which is only a reminder to vacate the property under threat of eviction. 4.No acknowledgement of receipt of the appeal/representation by the competent authority has been produced before us. For the purposes of this order therefore, we proceed on the assumption that such appeal has indeed been instituted by the petitioner. 5.The following direction is issued to the effect that if, and when such appeal is received, let the same be treated by the authority as relating to order dated 21.07.2025 passed under Section 6 of the Act. The petitioner is permitted to raise additional grounds and seek interim protection if so desired.

6.The appeal is to be filed within a period of 30 days. However, since Mr.D.Sadiq Raja does not express any serious objection, the appeal shall be taken on file without reference to the limitation period.

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7.Accordingly, this Writ Petition stands dismissed with the directions as above, making it clear that there is no intervention as far as the impugned orders are concerned. No costs. Consequently, connected Miscellaneous Petitions are closed.

[A.S.M.J.,] & [C.K.J.,] 09.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Vedasandur Taluk, Vedasandur, Dindigul District.

3.The Revenue Inspector, Vedasandur Circle, Vedasandur Taluk, Dindigul District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 09.09.2025 5/5