Petitioner challenged an eviction order for alleged encroachment on Government land. Court dismissed writ petition; directed exhaustion of statutory appeal remedy within two weeks. Status quo maintained pending appeal.
Status quo maintained; petitioner given two weeks to exhaust statutory appeal remedy.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2014
CORAM:
THE HON'BLE MR.SATISH K.AGNIHOTRI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.M.SUNDRESH
W.P.No.15340 of 2014 and M.P.No.1 of 2014
K.Thangavel .... Petitioner
Vs.
1. The Tahsildar
Annur,
Coimbatore District
2. District Collector,
Coimbatore,
3. Mr.K.Balasubramaniam ... Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India seeking to issue a writ of certiorari to call
for the records relating to the order passed by the 1st respondent in
his proceedings in Na.Ka.No.5368/2014/A1 dated 6.6.2014 and quash the
same.
For Petitioner : Mr.AR.L.Sundaresan,Sr.Counsel for Mr.V.Chandrasekaran
For Respondents : Mr.P.S.Shivashanmughasundaram, Spl.Govt.Pleader for RR1 and 2
ORDER
Challenging the Order passed by respondent No.1 dated 6.6.2014, the petitioner has come forward to file this writ petition. By the impugned order, the petitioner was directed to be evicted on the ground that he has encroached the Government Natham poramboke land and put up unauthorised construction without obtaining any permission.
1 issue framed by the court
Whether a writ of certiorari is maintainable when a statutory appeal remedy remains available without exhausting it.
K. Thangavel
The Tahsildar, Annur
District Collector, Coimbatore
Mr. K. Balasubramaniam
Satish K. Agnihotri
M. M. Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
