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Madras High CourtWP(MD)/31019/2023disposed of

Leelavathi .S v. The District Collector

2024-02-13Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.26595 of 2023 S.Leelavathi ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Kodaikkanal Circle, Kodaikkanal, Dindigul District.

3.The Revenue Inspector, Kodaikkanal - 1, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the impugned order passed by the third respondent dated 27.11.2023 under reference Na.Ka.No.4131/2023/A2 and set aside the same as illegal, erroneous and arbitrary.

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For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Seeking to quash the impugned order passed by the third respondent, dated 27.11.2023, the petitioner has filed the present Writ Petition.

2.The grievance of the petitioner is that pursuant to the notice issued under Section 7 of the Land Encroachment Act, 1905, dated 27.11.2023, the petitioner submitted her explanation, dated 07.12.2023 to the third respondent, but no final decision has been taken by the authority concerned.

3.In view of the above submission, we are not inclined to go into the merits of the case except to direct the third respondent is directed to consider the objection submitted by the petitioner and take a final decision on merits and in accordance with law and communicate the 2/4

decision taken to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 4.With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 13.02.2024 NCC : Yes / No Index : Yes / No ps To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Kodaikkanal Circle, Kodaikkanal, Dindigul District.

3.The Revenue Inspector, Kodaikkanal - 1, Dindigul District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 13.02.2024 4/4