This order dismissed a writ petition challenging a land encroachment notice, holding that no adjudication was needed as the District Collector had already passed a final order dismissing the petitioner's appeal against that notice.
None. Writ petition dismissed. Connected writ miscellaneous petition closed. No costs.
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.
W.P.No.34932 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2024
Coram
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.34932 of 2024
&
W.M.P.No.37876 of 2024
V.Kuppammal
W/o.Velayudham ... Petitioner
vs
Avadi Taluk (Paruthipattu village) Avadi Thiruvallur District
Avadi, Thiruvallur District .. Respondents
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W.P.No.34932 of 2024
Petition filed under Article 226 of the Constitution of India praying
for issuance of a writ of certiorari calling for the entire records on the file of second respondent relating to the impugned notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 dated nil and quash the same as illegal, unwarranted and in-operative in law.
For Petitioner : Mr.R.Venkatesan For Respondents : Mr.V.Ravi Spl. Govt Pleader for R1 to R3
O R D E R
(Order of the Court was made by K.RAJASEKAR, J.)
This writ petition has been filed challenging the notice issued by the
second respondent under Section 6 of the Tamil Nadu Land
Encroachment Act, 1905 (Tamil Nadu Act III of 1905) {hereinafter “said
1905 Act” in short}.
2. The case of the petitioner is that she was in possession and
enjoyment of Natham land in Survey No.578/part, Parithipattu Village,
Avadi Taluk and an order under Section 6 of said 1905 Act was issued
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W.P.No.34932 of 2024
without giving the opportunity to her, and the petitioner was evicted from
the said land.
3. Issue notice to respondents.
4.Mr.V.Ravi, learned Special Government Pleader accepts notice
for all three respondents.
5. With the consent of both sides, main writ petition itself was
taken up for final disposal.
6. The learned Special Government Pleader submitted that
pursuant to the order passed under Section 6 of said 1905 Act, the
petitioner has preferred an appeal under Section 10 of said 1905 Act to
the District Collector. The appeal of the petitioner was considered and an
order was passed rejecting the appeal. He further submitted that the land
in question has been classified as “bund” (fiu) and is not a Natham
land in which the petitioner has constructed a shop and is in enjoyment of
the same.
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W.P.No.34932 of 2024
7. The copy of the order passed in appeal also been placed before
us and we find that the District Collector has considered the appeal filed
by the petitioner and passed the final order on 05.06.2024 stating that the said land has been classified as “bund' (fiu)/ We are also informed
by both sides that the superstructure in the land has now been removed
subsequent to the order passed by the District Collector.
8. We are of the view that, since an order has been passed by the
District Collector in the appeal filed by the petitioner, nothing survives for
adjudication in the present writ petition. Hence, we are not inclined to
accede to the prayer in the writ petition.
Accordingly, this writ petition is dismissed. No costs. Consequently, the connected writ miscellaneous petition is closed.
[M.S., J] [K.R.S., J] 27.11.2024
Index: Yes/No Neutral Citation: Yes/No Speaking order/Non-speaking order
Page 4 of 7
W.P.No.34932 of 2024
gpa
Page 5 of 7
W.P.No.34932 of 2024
To
Avadi, Thiruvallur District
Page 6 of 7
W.P.No.34932 of 2024
M.SUNDAR,J., and K.RAJASEKAR, J.,
gpa
W.P.No.34932 of 2024
27.11.2024
Page 7 of 7
2 issues framed by the court
Whether the writ petition deserves adjudication after an appeal was dismissed by the District Collector dismissing the petitioner's appeal.
Whether this writ petition survives after the final order was passed by the District Collector on the appeal.
1 provisions across 1 enactments
V.Kuppammal
The District Collector Thiruvallur District
The Tahsildar Avadi Taluk
The Assistant Executive Engineer Avadi Taluk
M.SUNDAR
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
