In a writ petition filing under Article 226 regarding notices under the Tamil Nadu Land Encroachment Act, 1905, this court disposed of the petition by directing the Collector to decide an appeal on merits within one month. No order as to costs.
Directing the Collector to decide the pending appeal on merits within one month; disposition 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.1286 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WP No.1286 of 2024 and WMP No.1335 of 2024
N.Kubendran
.. Petitioner
-vs-
Page 1 of 4
WP No.1286 of 2024
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to issuance of the impugned notice of the 4th respondent under Section 6 dated 14.12.2023 (Form-6) and the final notice dated 10.01.2024 issued under the Tamil Nadu Land Encroachment Act, 1905, quash the same and consequently direct the 1st respondent to communicate the order passed on the petitioner's appeal dated 29.08.2022 to the petitioner.
For the Petitioner : Mr.N.Elumalai
For the Respondents : Mr.C.Kathiravan Special Goverment Pleader for RR 1 to 6
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.N.Elumalai, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader, for the respondents.
Page 2 of 4
WP No.1286 of 2024
the Tamil Nadu Land Encroachment Act, 1905. The learned counsel for the petitioner submits that the petitioner has filed an appeal along with a stay application. However, no orders are passed in the appeal.
The writ petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(S.V.G., CJ.) (D.B.C., J.) 19.01.2024 Index : Yes/No Neutral Citation : Yes/No
sra
Page 3 of 4
WP No.1286 of 2024
THE HON'BLE CHIEF JUSTICE
AND D.BHARATHA CHAKRAVARTHY, J.
(sra)
To
WP No.1286 of 2024
19.01.2024
Page 4 of 4
2 issues framed by the court
Whether the writ petition challenging notices under the Tamil Nadu Land Encroachment Act, 1905 requires quashing or if the appeal must be decided on merits.
Whether the Collector shall decide the pending appeal on its own merits within one month.
2 provisions across 2 enactments
N.Kubendran
The District Collector, Thiruvannamalai District
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
