Marimuthu, S/O.Gurusamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)No.18613 of 2017 Marimuthu ... Petitioner Vs.
1.The District Collector, Tirunelveli, Tirunelveli District.
2.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.
3.The Tahsildar, Thiruvengadam Taluk, Tirunelveli District.
4.The Block Development Officer, Kuruvikulam Panchayat Union, Thiruvengadam Taluk, Tirunelveli District.
5.Jeyaprakash 6.Mariammal
...Respondents
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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned notice issued by the 3rd respondent dated 25.11.2017 issued under Section 6 of the Act III of 1905. For Petitioner : Mr.R.J.Karthick For R1 to R4 : Mr.S.P.Maharajan, Special Government Pleader For R5 : Mr.F.X.Eugene For R6 : No Appearance
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is under challenge in the present Writ Petition.
2.Section 6 order under the Act is appealable under Section 10 of the Act. Thus, the writ petitioner is at liberty to prefer an appeal before the competent authority by producing the assignment order or any other documents to establish his case within a period of ten (10) days from the date of receipt of a copy of this order. However, it is for the competent authority to initiate further action to remove the encroachments without causing any undue delay. 2/4
3.With the above observation, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (V.L.N., J.) 08.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Tirunelveli, Tirunelveli District.
2.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.
3.The Tahsildar, Thiruvengadam Taluk, Tirunelveli District.
4.The Block Development Officer, Kuruvikulam Panchayat Union, Thiruvengadam Taluk, Tirunelveli District.
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S.M.SUBRAMANIAM, J.
AND V.LAKSHMINARAYANAN, J.
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