Dhanalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.26046 of 2024 Dhanalakshmi : Petitioner Vs.

1.The District Collector, Collectorate, Theni District.

2.The Tahsildar, Taluk Office, Andipatti Taluk, Theni District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records pertaining to 1/6

the second respondent's order dated 11.12.2024 in Na.Ka.No. 754/2024/A3 and quash the same as illegal.

For Petitioner : Mr.D.Rajaboopathy For Respondents 1 & 2 : Mr.S.Shaji Bino Special Government Pleader

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.Challenging the impugned notice of the second respondent dated 11.12.2024, the petitioner is before this Court. 3.After issuance of a notice under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905' (hereinafter referred to as 'the Act') dated 05.09.2024, calling for the petitioner's objections, proposed action of removing of the encroachment, an order under Section 6 of the Act dated 11.12.2024 has been issued.

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4.As against an order of eviction passed under Section 6 of the Act, an appeal remedy is provided for under Section 10 of the Act to the District Collector.

5.What is put under challenge in the present writ petition is only a consequential notice, which is not an action provided under the Act for evicting the petitioner from the subject lands. The petitioner has chosen to challenge the final orders passed under Section 6 of the Act. Even otherwise, when the Act provides for an effective appeal remedy before the District Collector against order under Section 6, it would not be appropriate to entertain the present writ petition, which challenges the Section 6 notice. Hence, we are of the view that an opportunity can be given to the petitioner to avail the statutory remedy and protect his possession till such time.

6.In the light of the above observation, the petitioner is granted liberty to file an appeal before the first respondent District Collector under Section 10 of the Act within a period of ten [10] days from the date of receipt of a copy of this order. Till such time, the respondents shall 3/6

not take any coercive action to disturb the petitioner's possession over the subject land.

7.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

[M.S.R.,J.] & [A.D.M.C.,J.] 06.01.2025 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, Collectorate, Theni District.

2.The Tahsildar, Taluk Office, Andipatti Taluk, Theni District.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 06.01.2025 6/6