Multiple writ petitions under Article 226 challenging notices under the Land Encroachment Act, 1905 were held premature as appellates needed to exhaust appellate remedies before seeking judicial review.
Writ petitions disposed of; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.09.2016 CORAM The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN
W.P.Nos.31652 to 31672 of 2016 and W.M.P.Nos.27460 to 27481 of 2016
K.Rajammal .. Petitioner in WP.No.31652/2016 I.Sivakumar .. Petitioner in WP.No.31653/2016 S.Magadevan .. Petitioner in WP.No.31654/2016 P.Rajeswari .. Petitioner in WP.No.31655/2016 M.Jaya .. Petitioner in WP.No.31656/2016 K.Pazhaniammal .. Petitioner in WP.No.31657/2016 P.Ramadoss .. Petitioner in WP.No.31658/2016 S.Rani .. Petitioner in WP.No.31659/2016 P.Parthiban .. Petitioner in WP.No.31660/2016 P.Vennila .. Petitioner in WP.No.31661/2016 J.Govindarajan .. Petitioner in WP.No.31662/2016 S.Palaniammal .. Petitioner in WP.No.31663/2016 K.Mariyammal .. Petitioner in WP.No.31664/2016 P.Dhanam .. Petitioner in WP.No.31665/2016 R.Ganesan .. Petitioner in WP.No.31666/2016 S.Vijayalakshmi .. Petitioner in WP.No.31667/2016 S.Manikkam .. Petitioner in WP.No.31668/2016 R.Geetha .. Petitioner in WP.No.31669/2016 J.Jaiganesh .. Petitioner in WP.No.31670/2016 M.Amarvathi .. Petitioner in WP.No.31671/2016 T.Kuppayee .. Petitioner in WP.No.31672/2016
Vs.
and batch cases.
Prayer in WP.Nos.31652 to 31672/2016:
PRAYER: Petitions under Article 226 of the Constitution of India for issuance of a writ of Certiorari to call for the records of the impugned notice dated 16.8.2016 issued by the sixth respondent and quash the same.
For Petitioners : Mr.N.G.R.Prasad
for Mr.M.Rajendiran
For Respondents : Mr.M.K.Subramanian
Government Pleader
for respondents
1 to 3, 5 & 6
Mrs.K.Bhuvaneswari
for 4 th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petitions seek to impugn the notice under Section 7 of the Land Encroachment Act, 3 of 1905. On hearing the learned counsel for the petitioners, we find the petitions premature as the petitioners are stated to have already filed a response to the same and no order has been passed one way or the other.
The writ petitions, accordingly, stand disposed of. No costs. Consequently, connected miscellaneous petitions stand closed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
sasi
To:
1. The Secretary
State of Tamilnadu
Revenue Department
Fort St. George
Chennai – 600 009.
2. The Secretary
State of Tamil Nadu
Public Works Department
Fort St. George
Chennai – 600 009.
3. The District Collector
Salem District.
Salem – 636 001.
4. The Commissioner
Salem Municipal Corporation
Salem – 636 001.
5. The Tashildar
Salem Taluk
Salem District.
W.P.Nos.31652 to 31672 of 2016 and W.M.P.Nos.27460 to 27481 of 2016
aa22/09/2016
1 issue framed by the court
Whether writ petitions challenging notices under Section 7 of the Land Encroachment Act, 1905 should be disposed of when pending appeals exhaust remedies.
2 provisions across 2 enactments
K. Rajammal
S. Sivakumar
State of Tamil Nadu
Sanjay Kishan Kaul
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
