Disposed

Velliyangiri v. the District Collector

Madras HC5 Jan 2024WP/260/2024

Case brief

AI extract

What is this about?

Petitioner challenged a Section 6 Tamil Nadu Land Encroachment Act eviction order contending the land was grama natham. The High Court found the dispute concerned the nature of the land itself and disposed of the writ petition with liberty to appeal under Section 10 of the Act.

What did the court decide?

Writ petition disposed of with liberty to file appeal under Section 10; all contentions kept open; no costs; connected WMP closed.

Velliyangiri Vs the District Collector — Property and Title | Madras HC (2024)

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W.P.No.260 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.01.2024

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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

W.P.No.260 of 2024

VELLIYANGIRI

.. Petitioner

1 THE DISTRICT COLLECTOR ERODE DISTRICT.

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2 THE REVENUE TAHSILDAR NAMBIYUR.

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3 THE REVENUE INSPECTOR NAMBIYUR SUB TALUK NAMBIYUR. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the impugned order dated 29.12.2023 passed by the 2nd respondent under Sec.6 of the Tamil Nadu Land Encroachment Act 1905 in respect of the lands situated at old survey No.202/1 and in new survey No.202/8 totally measuring about 808 sq.ft situated in Nambiyur Village, Gobichettipalayam Taluk, Erode District and quash the same as illegal and arbitrary.

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For the Petitioner : Mr.S.A.Sayed Shuhaibb

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Page 1 of 4

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

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W.P.No.260 of 2024

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For the Respondents

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: Mr.P.Muthukumar State Government Pleader

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ORDER

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(Order of the court was made by the Hon'ble Chief Justice)

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We have heard Mr.S.A.Sayed Shuhaibb, learned counsel for the petitioner; and Mr.P.Muthukumar, learned State Government Pleader for respondents.

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A dispute is sought to be raised that the land comprised in S.No.202/1 is grama natham land and action under Section 6 of the Tamil Nadu Land Encroachment At, 1905 could not have been undertaken.

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According to Mr.P.Muthukumar, learned State Government

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Pleader, the land in Survey No.202/1 is government land and vacant natham.

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The dispute is with regard to the nature of the land itself. The petitioner has a remedy of filing an appeal under Section 10 of

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Page 2 of 4

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

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W.P.No.260 of 2024

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the Act.

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In the light of that, we dispose of the writ petition with liberty to the petitioner to file an appeal as contemplated under Section 10 of the Act. In that event, all contentions are kept open. There shall be no order as to costs. Consequently, W.M.P.No.315 of 2024 is closed.

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(S.V.G., CJ.) (D.B.C., J.) 05.01.2024 Index : Yes/No Neutral Citation : Yes/No sasi

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To:

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1 THE DISTRICT COLLECTOR ERODE DISTRICT.

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2 THE REVENUE TAHSILDAR NAMBIYUR.

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3 THE REVENUE INSPECTOR NAMBIYUR SUB TALUK NAMBIYUR.

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Page 3 of 4

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

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W.P.No.260 of 2024

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

(sasi)

W.P.No.260 of 2024

05.01.2024

_____________ Page 4 of 4_

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

Velliyangiri v. the District Collector

Case brief

What is this about?

What did the court decide?

Velliyangiri v. the District Collector

Case brief

What is this about?

What did the court decide?

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