Madras High Court
V.Perumal vs The District Collector on 30 May, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.A(MD)Nos.11527 to 11531 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P(MD)Nos.11527 to 11531 of 2024
and
W.M.P(MD)Nos.10275, 10276, 10283, 10284, 10278, 10281, 10277, 10279,
10280 & 10282 of 2024
W.P(MD)No.11527 of 2024
V.Perumal ... Petitioner
Vs.
1.The District Collector,
Madurai District,
Madurai.
2.The Tahsildar,
Peraiyur Taluk,
Peraiyur,
Madurai District.
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W.A(MD)Nos.11527 to 11531 of 2024
3.The Revenue Inspector,
Aththipatti Firka,
Peraiyur Taluk,
Madurai District. ... Respondents
PRAYER : Writ Petitions filed under Article 226 of the Constitution of India to
issue a writ of certiorarified mandamus to call for the records pertaining to the
impugned notice issued by the second respondent dated 28.05.2024 and quash
the same and consequently to direct the second respondent to conduct proper
survey in S.F.No.170 situated at Mangalrevu, Aththipatti Sub-Division, Peraiyur
Taluk, Madurai District.
For Petitioners :Mr.K.R.Nishanth
For Respondents :Mr.P.Subbaraj
Special Government Pleader
JUDGMENT
[Judgment of the Court was delivered by R.VIJAYAKUMAR, J.]
These present writ petitions have been filed challenging the order passed
under Section 6 of the Tamil Nadu Encroachment Act 1905.
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W.A(MD)Nos.11527 to 11531 of 2024
2. A notice has been issued to the writ petitioners under Section 7 of the
Act calling upon them to submit an objections on or before 31.05.2024.
Pursuant to the said notice, the writ petitioners have submitted their objections
on 27.05.2024. However, without considering the said objections, the impugned
notices under Section 6 of the Tamil Nadu Encroachment Act have been passed
on 28.05.2024.
3. A perusal of the impugned notice would show that it is a standard
format order passed, without considering the objections that was submitted by
the writ petitioners.
4. Considering the above facts, the orders impugned in these writ petitions
are hereby set aside. The second respondent herein is at liberty to pass fresh
orders after considering the objections/explanations submitted by the writ
petitioners herein after giving due opportunity to the writ petitioners.
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https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.11527 to 11531 of 2024
5. With the above observations, all these writ petitions are allowed.
Consequently, connected miscellaneous petitions are closed. No costs.
[R.V., J.] [G.AM., J.]
30.05.2024
Neutral Citation: Yes / No
Index : Yes / No
am
To:
1.The District Collector,
Madurai District,
Madurai.
2.The Tahsildar,
Peraiyur Taluk,
Peraiyur,
Madurai District.
3.The Revenue Inspector,
Aththipatti Firka,
Peraiyur Taluk,
Madurai District.
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https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.11527 to 11531 of 2024
R.VIJAYAKUMAR, J.
and
G.ARUL MURUGAN, J.
am
W.P(MD)Nos.11527 to 11531 of 2024
30.05.2024
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https://www.mhc.tn.gov.in/judis
