In a Writ Petition, the petitioner sought to quash a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, sent by the Tahsildar regarding temple construction. The Court dismissed the petition as premature, directing the Tahsildar to consider the petitioner's reply within 15 days.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2018 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P.[MD].No.1357 of 2018
and
W.M.P(MD)Nos.1442, 1443 & 2797 of 2018
PL.Lakshmanan : Petitioner Vs.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order passed by the fourth respondent in Thiruppathur Tahsildar in File No.Na.Ka.A4/6940/2017 dated 20.09.2017 and quash the same and consequently forbearing the respondents from interfering the “Sri Selva Thesiya Vinayagar Temple”, construction made in S.F.No.359, Keernipatti Vilage, Thiruppathur Taluk, Sivagangai District.
For Petitioner : M/s.V.Muthukamatchi
For Respondents : Mr.M.Jeyakumar, Additional Government Pleader
O R D E R
[Order of the Court was made by R.SUBBIAH, J.]
This writ petition has been filed seeking for issuance of a https://hcservices.ecourts.gov.in/hcservices/ Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned order passed by the fourth respondent in
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Na.Ka.A4/6940/2017 dated 20.09.2017 and quash the same and consequently, forbear the respondents from interfering with the affairs of “Sri Selva Thesiya Vinayagar Temple”, construction made in S.F.No.359, Keernipatti Vilage, Thiruppathur Taluk, Sivagangai District.
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Sd/Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar(CS-III)
To
+1 cc To M/s.V.Muthukamatchi, ADVOCATE IN SR NO.96356 +1cc to Special Government Pleader Sr.No.96582 pm MK/KK/PM/SAR 3/28.12.2018/3P/7C
ORDER MADE IN W.P(MD)No.1357 of 2018 22.11.2018
1 issue framed by the court
Whether the High Court should issue a writ of Certiorari or Mandamus to quash a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 pending consideration.
PL.Lakshmanan
The District Collector, Sivagangai District
The Revenue Divisional Officer, Devakottai
The Tahsildar, Thiruppathur Taluk
The Zonal Deputy Tahsildar, Thiruppathur
R.Subbiah
R.Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
