Disposed

P.Subburaj v. the District Collector

Madras HC28 Oct 2020WP(MD)/14649/2020

Case brief

AI extract

What is this about?

This writ petition challenged a notice issued under the Tamil Nadu Land Encroachment Act, contending lack of jurisdiction due to the land being classified as Natham land. The court directed the petitioner to explain within two weeks and ordered the authority to conduct an inquiry after hearing within six weeks, prohibiting coercive action until then.

What did the court decide?

Directions passed: Petitioner to explain within two weeks; Respondent to conduct enquiry and pass appropriate orders with hearing within six weeks; No coercive action till final order.

P.Subburaj Vs the District Collector — Property and Title | Madras HC (2020)

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W.P(MD)No.14649 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2020 CORAM:

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THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.14649 of 2020 and W.M.P(MD)No.12302 of 2020

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P.Subburaj ... Petitioner

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Vs.

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1.The District Collector, Tuticorin District, Tuticorin.

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2.The Thasildar, Tuticorin Taluk, Tuticorin. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorari, calling for the records pertaining to impugned order dated 17.09.2020 on the file of the second respondent and quash the same as illegal.

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For Petitioner : Mr.S.Muthalraj For Respondents : Mr.Muthu Geethaiyan, Special Government Pleader

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ORDER

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[Order of the Court was made by N.KIRUBAKARAN, J. ]

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The petitioner has challenged the notice issued by the Tahsildar, Tutitcorin Taluk, Tuticorin / 2^nd respondent under Section 7 of the Tamil Nadu Land Encroachment Act by contending that the land in their possession is classified as Natham land, for which, the Revenue Authorities have no jurisdiction for initiating such proceedings.

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2.Heard Mr.S.Muthalraj, learned Counsel appearing for the petitioner and Mr.Muthugeethiyan, learned Special Government Pleader appearing for the respondents.

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3.The learned Counsel for the petitioner raised a ground that the second respondent has got no jurisdiction to issue the impugned notice and the land in his occupation, as per the revenue classification is Natham, over which, the the revenue officials have https://hcservices.ecourts.gov.in/hcservices/ no jurisdiction and therefore, prayed that the impugned notification

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1/2

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W.P(MD)No.14649 of 2020

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is liable to be set aside.

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4.Under such circumstances, this Court issues the following directions:

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(i) The petitioner shall give his explanation to the impugned notice within a period of two weeks from the date of receipt of a copy of this order.

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(ii) On receipt of such an explanation from the petitioner, the second respondent shall pass appropriate orders, within a period of six weeks therefrom, by conducting an enquiry after providing an opportunity of hearing to the petitioner, and

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(iii) Till such an order is passed and served upon the petitioner by the second respondent, there shall not be any coercive action.

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5.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (CS I)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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dsk

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To 1.The District Collector, Tuticorin District, Tuticorin.

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2.The Thasildar, Tuticorin Taluk, Tuticorin.

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+1CC TO M/s.Special Government Pleader, SR No.20805

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W.P(MD)No.14649 of 2020 28.10.2020

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kmv(CO) KK(26.11.2020) 2P 4C

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https://hcservices.ecourts.gov.in/hcservices/

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P.Subburaj v. the District Collector

Case brief

What is this about?

What did the court decide?

P.Subburaj v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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