Dismissed

O.S.K.David, v. the District Collector

Madras HC11 Dec 2024WP(MD)/11678/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a writ petition challenging an eviction order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The court held that a pending civil suit in the Supreme Court does not bar the statutory appeal remedy. The petitioner was directed to file the statutory appeal within 30 days.

What did the court decide?

Petitioner directed to file appeal under Section 10 of the Land Encroachment Act within 30 days; no order as to costs.

O.S.K.David, Vs the District Collector — Property and Title | Madras HC (2024)

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W.P.(MD).No.11678 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD).No.11678 of 2019 and W.M.P.(MD).No.4009 of 2022

O.S.K.David

... Petitioner

Vs.

1.The District Collector, Ramanathapuram, Ramanathapuram District.

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2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

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3.The Tahsildar, Rameswaram, Ramanathapuram District.

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4.M.Chandran,

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The Tahsildar, Rameswaram, Ramanathapuram District.

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5.Samaya Kaveri

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... Respondents

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(R-5 is impleaded vide Court order dated 21.06.2019 in W.M.P.(MD).No.10182 of 2019 in W.P.(MD).No.11678 of 2019)

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Page 1 of 5 https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.11678 of 2019

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records relating to the notice dated 03.05.2019 of the 3^rd respondent herein and quash the same.

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For Petitioner : Mr.T.Pon Ramkumar For R-1 to R-3 : Mr.P.Thilak Kumar Government Pleader For R-5 : Mr.B.Saravanan For R-4 : No appearance

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ORDER

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

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The eviction order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, is put under challenge in the present Writ Petition.

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The only ground canvassed by the petitioner in this Writ Petition is that in connection with the properties, which are in his occupation, a civil suit was filed, which has been taken on appeal and is pending before the Hon'ble Supreme Court as on date.

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Admittedly, the revenue authorities are not parties to the civil dispute.

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The present eviction proceedings relates to a land, which has been classified as

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

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Page 2 of 5

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W.P.(MD).No.11678 of 2019

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Government poromboke, which has got nothing to do with the civil suit. Even assuming that there is any connection between the schedule property in the civil suit and the present properties in the notice under Section 6, it can only be a ground to be raised in an appeal and cannot be an exception to exclude the appeal remedy before filing a Writ Petition.

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In the light of the above observations, this Writ Petition stands dismissed with liberty to the petitioner to challenge the impugned order dated 03.05.2019 by way of an appeal under Section 10 of the Land Encroachment Act, within a period of thirty (30) days from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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(M.S.R.,J.) (A.D.M.C.,J.) 11.12.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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Page 3 of 5 https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.11678 of 2019

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1.The District Collector, Ramanathapuram, Ramanathapuram District.

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2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

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3.The Tahsildar, Rameswaram, Ramanathapuram District.

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Page 4 of 5 https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.11678 of 2019

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M.S.RAMESH,J. and A.D.MARIA CLETE,J.

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W.P.(MD).No.11678 of 2019

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11.12.2024

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Page 5 of 5 https://www.mhc.tn.gov.in/judis

O.S.K.David, v. the District Collector

Case brief

What is this about?

What did the court decide?

O.S.K.David, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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