Disposed

Smt. Kavitha v. The District Collector

Madras HC19 Dec 2023WP/535/2023

Case brief

AI extract

What is this about?

The Madras High Court disposed of writ petitions filed under Article 226 of the Constitution. The Court observed that the pattas issued in favour of the petitioners were cancelled under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, and stated that the petitioners have alternative remedies, specifically appeals under Section 10 of the said Act, to challenge the cancellation.

What did the court decide?

The writ petitions were disposed of; petitioners have liberty to pursue alternative remedies.

Smt. Kavitha Vs The District Collector — Madras HC (2023) — LawSathi Research

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WP Nos.535, 565 of 2023 and 34648 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.12.2023

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CORAM

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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WP Nos.535, 565 of 2023 and 34648 of 2022 and WMP Nos.508, 511, 492, 509, 512, 513 of 2023 and 34088 and 34089 of 2022

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Kavitha .. Petitioner in WP.535/2023 Devikala .. Petitioner in WP.565/2023 V.Rohini .. Petitioner in WP.34648/2022

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-vs-

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The District Collector, Office of the District Collector, Thirupatthur, Thirupatthur District.

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The District Revenue Officer, Office of the District Collector, Thirupatthur, Thirupatthur District.

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The District Adi Dravidar and Schedule Tribes Welfare Officer, Vellore.

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The Special Thasildhar, Adi Dravidar Welfare Office of the Special Thasildhar, Thirupatthur, Thirupatthur District.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.535, 565 of 2023 and 34648 of 2022

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The Revenue Divisional Officer, Office of Revenue Divisional Officer, Thirupatthur, Thirupatthur District.

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The Thasildhar, Office of Thasildhar, Natrampalli Taluk, Natrampalli, Thirupatthur District.

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The Deputy Superintendent of Police, Vaniyambadi, Thirupatthur District.

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The Inspector of Police, Natrampalli Police Station, Natrampalli, Thirupatthur District.

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.. Respondents in WP Nos. 535 and 565 of 2023

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The District Collector, Office of the District Collector, Thirupathur, Thirupathur District.

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The District Revenue Officer, Office of the District Collector, Thirupathur, Thirupathur District.

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The Revenue Divisional Officer, Office of Revenue Divisional Officer, Thirupatthur, Thirupatthur District.

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The Thasildhar (Revenue), Office of Thasildhar, Natrampalli Taluk, Natrampalli, Thirupatthur District.

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The Special Thasildhar, Office of the Adi Dravidar Welfare, Thirupathur, Thirupathur District.

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The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vaniyambadi, Thirupatthur District.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.535, 565 of 2023 and 34648 of 2022

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The Inspector of Police, Natrampalli Police Station, Thirupatthur District. .. Respondents in WP.34648/2022

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Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the entire records pertaining to the notice dated 14.12.2022 made in Na.Ka. A1/ 3421/ 1977, quash the same as illegal and further direct the 4^th respondent (in WPs.535 and 565 of 2023) and 5^th respondent (in WP.34648 of 2022) to confirm the assignment order passed by 4^th respondent/5^th respondent in Na.Ka.A1/3624/77 in petitioners' name.

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For the Petitioners in all WPs. : Mr.A.Gouthaman For the Respondents in all WPs. : Mr.T.K.Saravanan Govt. Advocate. * * * * *

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ORDER

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(Made by the Hon'ble Chief Justice)

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We have heard Mr.A.Gouthaman, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondents.

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The pattas issued in favour of the petitioners are cancelled. It is not disputed that the petitioners have a remedy against the cancellation of patta. The petitioners have also challenged the order

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.535, 565 of 2023 and 34648 of 2022

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passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The said order can also be challenged by way of an appeal under Section 10 of the said Act.

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The petitioners are at liberty to take steps and avail the alternate remedy as may be permissible under law. In that event, all the contentions are kept open.

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The writ petitions are, accordingly, disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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(S.V.G., CJ.) (D.B.C., J.) 19.12.2023 Index : Yes/No Neutral Citation : Yes/No

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sra

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.535, 565 of 2023 and 34648 of 2022

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The District Collector, Office of the District Collector, Thirupatthur, Thirupatthur District.

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The District Revenue Officer, Office of the District Collector, Thirupatthur, Thirupatthur District.

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The District Adi Dravidar and Schedule Tribes Welfare Officer, Vellore.

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The Special Thasildhar, Adi Dravidar Welfare Office of the Special Thasildhar, Thirupatthur, Thirupatthur District.

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The Revenue Divisional Officer, Office of Revenue Divisional Officer, Thirupatthur, Thirupatthur District.

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The Thasildhar, Office of Thasildhar, Natrampalli Taluk, Natrampalli, Thirupatthur District.

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The Deputy Superintendent of Police, Vaniyambadi, Thirupatthur District.

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The Inspector of Police, Natrampalli Police Station, Natrampalli, Thirupatthur District.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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WP Nos.535, 565 of 2023 and 34648 of 2022

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

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(sra)

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WP Nos.535, 565 of 2023 and 34648 of 2022

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19.12.2023

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Page 6 of 6

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https://www.mhc.tn.gov.in/judis

Smt. Kavitha v. The District Collector

Case brief

What is this about?

What did the court decide?

Smt. Kavitha v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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