Disposed

Karpaga Narayanan .N v. The District Collector

Madras HC20 Aug 2024WP(MD)/20051/2024

Case brief

AI extract

What is this about?

Writ petition against a public notice directing encroachers to remove encroachments from the petitioner's land. Government Pleader undertook to serve notice under Section 7 and act in accordance with law. Petition disposed of reserving liberty to respondents; connected petition closed.

What did the court decide?

Liberty reserved to respondents to proceed under the Tamil Nadu Land Encroachment Act after serving proper Section 7 notice; no costs.

Karpaga Narayanan .N Vs The District Collector — Land Acquisition | Madras HC (2024)

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W.P.(MD) No.20051 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD) No.20051 of 2024 and

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W.M.P.(MD)No.17005 of 2024

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N.Karpaga Narayanan ... Petitioner

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-vs-

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1.The District Collector, Madurai, Madurai District.

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2.The Revenue Divisional Officer, Collector Office Road, Madurai.

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3.The Tahsildar, Madurai North Taluk, Madurai District. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents or their subordinate officials not to evict the petitioner in respect of the land comprised in Survey No.58/1 and 58/2 situated at 51-Kadavur Village, Chathirapati, Madurai District.

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For Petitioner : Mr.J.Alaguram Jothi For Respondents : Mr.S.P.Maharajan Special Government Pleader

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https://www.mhc.tn.gov.in/judis _____________ Page 1 of 4_

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W.P.(MD) No.20051 of 2024

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O R D E R

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[Order of the Court was made by R.SUBRAMANIAN, J.]

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Mr.S.P.Maharajan, learned Special Government Pleader takes notice

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for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

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2.Aggrieved by a public notice, which requires all encroachers to remove their encroachments by today, which was put up in the petitioner's property, the petitioner has approached this Court.

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3.The Tamil Nadu Land Encroachment Act, 1905, provides a procedure for removal of encroachment on public land. It requires a notice to be given under Section 7 of the Act, followed by an order passed after considering the objections, if any under Section 6.

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4.Mr.S.P.Maharajan, learned Special Government Pleader would submit that the public notice was put up because it was not known, who had encroached upon the property. He would also state that now that the petitioner has come to this Court, proper notice would be served on him under Section 7 and action will be taken strictly in accordance with law.

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5.Recording the submission of the learned Special Government Pleader, the Writ Petition is disposed of reserving liberty to the respondents

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https://www.mhc.tn.gov.in/judis _____________ Page 2 of 4_

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W.P.(MD) No.20051 of 2024

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to proceed strictly in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

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[R.S.M., J.] [L.V.G., J.]

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20.08.2024

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NCC : No Index : No Internet : Yes Mrn

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1.The District Collector, Madurai, Madurai District.

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2.The Revenue Divisional Officer, Collector Office Road, Madurai.

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3.The Tahsildar, Madurai North Taluk, Madurai District.

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https://www.mhc.tn.gov.in/judis _____________ Page 3 of 4_

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W.P.(MD) No.20051 of 2024

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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Mrn

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W.P.(MD) No.20051 of 2024

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20.08.2024

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

Karpaga Narayanan .N v. The District Collector

Case brief

What is this about?

What did the court decide?

Karpaga Narayanan .N v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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