The Court dismissed a writ petition challenging a show cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. It held the petition was premature as remedies exist after the issuance of the subsequent Section 6 notice.
Petition dismissed as premature; consequently, W.M.P.No.11788 of 2019 closed.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2019
CORAM :
The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND
The Hon'ble Mr.JUSTICE M.DURAISWAMY
W.P. No.11532 of 2019
A.Venkadachalam .. Petitioner
-vs-
1.The District Collector,
Collectorate, Salem.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Attur Taluk, Salem District.
3.The Tahsildar,
Taluk Office,
Attur Taluk, Salem District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records relating to the proceedings impugned notice dated 21.02.2019 passed by the 2nd respondent and quash.
For Petitioner : Mr.A.Rajakumar For Respondent : Mr.V.Jayaprakash Narayanan Government Pleader (i/c)
ORDER (Order of the Court was made by The Hon'ble Chief Justice)
Heard Mr.A.Rajkumar, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) for the respondents.
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7 of the Tamil Nadu Land Encroachment Act, 1905. The said notice pertains to the property in Survey No.6 situated at Kattukottai Village, Attur Taluk, Salem District.
In our view, the writ petition is premature, hence, we are
not inclined to entertain the writ petition and the same is
dismissed. No costs. Consequently, W.M.P.No.11788 of 2019 is
closed.
-sd/-
Assistant Registrar
/ TRUE COPY /
Sub-Assistant Registrar
bbr
To
1.The District Collector,
Collectorate, Salem.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Attur Taluk, Salem District.
3.The Tahsildar,
Taluk Office,
Attur Taluk, Salem District.
+1 cc to Government Pleader SR.NO. 43065
W.P.No.11532 of 2019
sv-i
RD 08/06/2019
1 issue framed by the court
Whether the High Court can entertain a writ petition challenging a show cause notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 before the subsequent notice under Section 6 i
4 provisions across 2 enactments
A. Venkadachalam
The District Collector
The Revenue Divisional Officer
The Tahsildar
Vijaya K. Tahilramani
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
