Dismissed

K.Christopher Nagaraj v. The District Collector

Madras HC9 Sept 2021WP/19007/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an intimation notice under Section 7 of the Tamil Nadu Government Land Encroachment Act, 1905. The Court held that statutory remedies under Sections 10 and 10A were available and directed authorities to conduct a drone survey and disconnect electricity if encroachment is found, while the petitioner was prohibited from approaching the Court prema

What did the court decide?

Writ of certiorari dismissed; directions issued for drone survey and disconnection of electricity; petitioner barred from approaching Court without exhausting remedies under Sections 10 and 10-A.

K.Christopher Nagaraj Vs The District… — Contract and Commercial Disputes | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.09.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

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W.P.No.19007 of 2021 and WMP No. 20276 of 2021

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K.Christopher Nagaraj

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... Petitioner

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-vs-

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The District Collector,

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O/o. The District Collector,

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Kanchipuram Town and Taluk,

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Kanchipuram District 631 501.

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The Revenue Divisional Officer,

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O/o. The Revenue Divisional Office,

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Kundrathur Town and Taluk,

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Kanchipuram District 602 105.

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The Revenue Tahsildhar, O/o. The Revenue Tahsildhar, Kundrathur Town and Taluk, Kanchipuram District 602 105.

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The Revenue Inspector, O/o. The Revenue Inspector, Seerappencherry Revenue Firka, Kundrathur Taluk,

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Kanchipuram District – 603 204.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for records of the impugned order of 'The intimation Notice Under Section 7 of the Tamil Nadu Government Land Encroachment Act 1905 order dated 01.07.2021 issued by the Revenue Inspector Serppancherry village, Revenue Firka, situatedin kundrathur Taluk, Kanchipuram District. and the 4^th respondent herein and quash the same.

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For Petitioner : Mr.Dalit Tiger C.Ponnusamy

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For Respondents : Mr.K.Tippu Sultan Government Advocate

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

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O R D E R

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This Writ Petition has been filed, challenging the order of the Intimation Notice Under Section 7 of the Tamil Nadu Government Land Encroachment Act, 1905 dated 01.07.2021, issued by the fourth Respondent herein.

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When the matter is taken up for hearing, it is represented by the learned Government Advocate that the land in question is a Poromboke land and a Notice has been issued under Section 7 of the Tamil Nadu Government Land Encroachment Act, 1905 (in short 'the Act') .

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In view of the above submissions, we are of the view that the Petitioner got a remedy under sections 10 and 10A of the Act, and therefore this Court is not inclined to grant the relief as sought for by the petitioner. The Authorities concerned shall conduct a drone survey in the presence of the petitioner. If there is encroachment, till final decision is taken under Section 10-A, the Electricity shall be disconnected. This will pave way for the encroacher to approach the Authority under Section 10 and in case of adverse order, revision under Section 10-A can be preferred. The Authorities concerned shall decide the Appeal / Revision, within 30 days after hearing the petitioner and others, who are interested. The Police must give security to the Officials of E.B. and others to disconnect the Electricity. On receipt of intimation, if the encroacher fails to participate in drone survey, the electricity connection shall have to be disconnected. The petitioner is prohibited from approaching this Court without exhausting the remedy under Sections 10 and 10-A. Though the Authorities are empowered to pass interim orders, they shall not order restoration of Electricity in case of encroachment.

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Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/Assistant Registrar(CS II)

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//True Copy//

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Sub Assistant Registrar

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arr/shk

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

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To:
1.	The District Collector, O/o. The Disitrict Collector, Kanchipuram Town and Taluk, Kanchipuram District 631 501.
2.	The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Kundrathur Town and Taluk, Kanchipuram District 602 105.
3.	The Revenue Tahsildhar, O/o.The Revenue Tahsildhar, Kundrathur Town and Taluk, kanchipuram District 602 105.
4.	The Revenue Inspector, O/o. The Revenue Inspector, Seerappencherry Revenue Firka, Kundrathur Taluk, Kanchipuram District – 603 204.
+1cc	to the Government Pleader, S.R.No.46513

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W.P.No. 19007 of 2021

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CA(CO) CT 06/12/2021

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

K.Christopher Nagaraj v. The District Collector

Case brief

What is this about?

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K.Christopher Nagaraj v. The District Collector

Case brief

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