The Division Bench of the Madras High Court, comprising Justice R Subramanian and Justice L Victoria Gowri in the case of Mathiyari vs. The District Collector and Others has imposed a a cost of Rs.10,000/- on the Zonal Deputy Tahsildar, Devakkottai for issuing notice to the petitioner, stemming out of corrupt activities.
The Court made a perusal of the order impugned in this writ petition, which is purportedly issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, discloses extraordinary magnanimity of the Zonal Deputy Tahsildar, Devakkottai, to help the petitioner.
After the perusal, the Court was sure that this order has been passed for some illegal consideration and expounded that despite the fact that the Act has been in force for nearly 125 years, even today, the revenue officials have not understood the purport of the Act.
The Court further expounded that the object behind such attitude is to help the encroachers. Section 7 of the Act requires the Tahsildar / Authorised Officer to give a show cause notice to the alleged encroacher giving him time to submit objections.
Therefore, the Court allowed the writ petition and imposed a cost of Rs.10,000/- on the Zonal Deputy Tahsildar, Devakkottai, to pay M.S.Chellamuthu Trust and Research Foundation, Alagarkovil, Madurai, on or before 30.05.2023.
Case Details
Case:- CWJC No.1710 of 2023
Petitioner:- Mathiyari
Respondent:- The District Collector and Others
Counsel for the Petitioner - Mr.R.Anandharaj
Counsel for the Respondent – Mr.P.T.Thiraviam
Judge: Justice R Subramanian and Justice L Victoria Gowri
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