Petitioners challenged a notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, alleging their reply was ignored before a Section 6 order. The court directed them to appeal under Section 10 with a stay application and disposed of the writ petition.
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.
WP No.1045 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP No.1045 of 2024
2.Mayalagan
: Petitioners
versus
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records pertaining to the impugned notice dated 03.01.2024 in ref.No.Na.Ka.A4/3299/2023 issued by the fourth respondent and follow up proceedings and consequently quash the same.
For the Petitioner : Mr.Kamalakannan for Mr.V.Gunasekar For the Respondents : Mr.P.Muthukumar, State Government Pleader
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WP No.1045 of 2024
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Kamalakannan, learned counsel for the
petitioner and Mr.P.Muthukumar, learned State Government Pleader, for the respondents.
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WP No.1045 of 2024
application for stay under the same provision, which application for stay would be considered by the appellate authority immediately. All contentions are kept open.
as to costs. Consequently, WMP No.1106 of 2024 is closed.
(S.V.G., CJ.) (D.B.C., J.) 11.01.2024 Index : Yes/No Neutral Citation : Yes/No tar
To
1.The District Collector, Kallakurichi District
4.The Tahsildar, Chinnasalem Taluk, Kallakurichi District
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WP No.1045 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar)
WP No.1045 of 2024
11.01.2024
Page 4 of 4
1 issue framed by the court
Should the writ petition challenging an encroachment removal notice be disposed of in favour of the statutory appellate remedy under Section 10?
4 provisions across 2 enactments
Selvi
Mayalagan
The District Collector, Kallakurichi District
The Revenue Divisional Officer, District Collectorate, Kallakurichi District
The Revenue Divisional Officer, Kallakurichi District
The Tahsildar, Chinnasalem Taluk, Kallakurichi District
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
