Disposed

V.Shanthi, v. District Collector

Madras HC12 Mar 2024WP/4739/2020

Case brief

AI extract

What is this about?

Three writ petitions challenged encroachment notices and removal orders issued under the Tamil Nadu Land Encroachments Act over land in Thalaisolai Village. The Court noted a Section 6 order is appealable under Section 10 and disposed of the petitions, permitting appeals to the District Collector within ten days.

What did the court decide?

Petitioners permitted to prefer an appeal under Section 10 within 10 days; District Collector to conduct enquiry.

V.Shanthi, Vs District Collector — Land Acquisition | Madras HC (2024)

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W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 (3 cases)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.03.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 and

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W.M.P.Nos.5599, 21385 & 21388 of 2020 and 19772 & 19773 of 2021

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W.P.No.4739 of 2020

V.Shanthi

... Petitioner

Vs.

1.District Collector, Salem District,

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Salem.

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2.Tahsildar,

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Yercaud, Salem District.

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3.Revenue Inspector-in-Charge,

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Puthur Firka,

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Yercaud Taluk, Salem District. ... Respondents

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W.P.No.17290 of 2020

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Page No.1 of 7

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

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W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 (3 cases)

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1.S.Shagila 2.V.Shanthi

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... Petitioners

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Vs.

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1.The District Collector, Salem District, Salem.

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2.The Revenue Divisional Officer, Salem.

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3.Tahsildar,

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Yercaud, Salem District.

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4.The Revenue Inspector-in-Charge, Puthur Firka, Yercaud Taluk, Salem District.

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... Respondents

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W.P.No.18530 of 2021

V.Shanthi

... Petitioner

Vs.

1.The District Collector, Salem District, Salem.

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2.The Revenue Divisional Officer, Salem.

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3.Tahsildar, Yercaud, Salem District.

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4.The Revenue Inspector-in-Charge,

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Page No.2 of 7

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

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W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 (3 cases)

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Puthur Firka, Yercaud Taluk, Salem District.

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... Respondents

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Prayer in W.P.No.4739 of 2020: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 3^rd respondent in his proceedings No.Nil, dated 05.11.2019 issued under Section 7 of the Land Encroachment Act, and the order passed by the 2^nd respondent in his proceedings No.Nil, dated 07.02.2020 issued under Section 6 of the Land Encroachment Act and quash the same and direct the respondents to issue patta to the petitioner in respect of land in S.No.15/12, at Pottkadu, Thalaisolai Village, Yercaud Taluk, Salem District.

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Prayer in W.P.No.17290 of 2020: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings of the 2^nd respondent dated 27.10.2020 in Na.Ka.No.667/2018/Aa2 and quash the same and consequently, direct the respondents to issue patta to the 1^st petitioner in respect of land in S.No.15/12, at Pottkadu, Thalaisolai Village, Yercaud Taluk, Salem District.

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Prayer in W.P.No.18530 of 2021: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 4^th respondent in his proceedings No.Nil dated 11.08.2021 issued under Section 7 of the Land Encroachment Act and the consequential order passed by the 3^rd respondent in his proceedings No.Nil dated 24.08.2021 issued under Section 6 of the Land Encroachment Act and quash the same and consequently, direct the

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Page No.3 of 7

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

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W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 (3 cases)

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respondents to defer any further action as against the petitioner or her family members in respect of the land in S.No.15/12, at Pottkadu, Thalaisolai Village, Yercaud Taluk, Salem District.

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For Petitioners : Mr.V.Sivalingam for M/s.C.S.Associates (in all W.P's)

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For Respondents : Mr.A.Selvendran Special Government Pleader (in all W.P's)

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C O M M O N O R D E R

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(Order of the Court was made by S.M.SUBRAMANIAM,J.)

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W.P.Nos.4739 of 2020 & 18530 of 2021 have been filed challenging

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the notices issued under Sections 6 and 7 of the Tamil Nadu Land Encroachments Act, 1905. W.P.No.17290 of 2020 has been filed challenging the order passed by the 2^nd respondent/Revenue Divisional Officer dated 27.10.2020.

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It is not in dispute that the Competent Authorities of the Revenue Department identified the encroachments and issued a notice under Section 7 of the Land Encroachment Act and by affording opportunity to the encroachers to submit their objections issued an order under Section 6 of the Land Encroachment Act.

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Page No.4 of 7

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

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W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 (3 cases)

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The order passed under Section 6 of the Tamil Nadu Land

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Encroachment Act, 1905 is susceptible to an appeal under Section 10 Act. Thus, the petitioners are at liberty to prefer an appeal within a period of 10 days from today. On receipt of any such appeal, the District Collector, Salem shall conduct an enquiry by affording opportunity to all the alleged encroachers and if any encroachments are identified, thereafter remove all such encroachments by passing appropriate orders in the manner known to law.

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4. Accordingly, all the Writ Petitions stand disposed of. No costs.

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Consequently, connected miscellaneous petitions are closed.

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[S.M.S.J.] [K.R.S.J.] 12.03.2024 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda

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1.District Collector, Salem District, Salem.

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Page No.5 of 7

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

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W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 (3 cases)

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2.Tahsildar,

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Yercaud, Salem District.

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3.Revenue Inspector-in-Charge, Puthur Firka, Yercaud Taluk, Salem District.

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4.The Revenue Divisional Officer, Salem.

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S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J.

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veda

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Page No.6 of 7

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

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W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 (3 cases)

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Order in W.P.Nos.4739, 17290 of 2020 and 18530 of 2021 (3 cases)

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12.03.2024 (2/2)

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Page No.7 of 7

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

V.Shanthi, v. District Collector

Case brief

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V.Shanthi, v. District Collector

Case brief

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