Dismissed

K.Nehru v. The District Collector cum Chairperson

Madras HC28 Oct 2024WP(MD)/24420/2024

Case brief

AI extract

What is this about?

Petitioner withdrew writ petition challenging a notice under Section 6 Land Encroachment Act, 1905. Court dismissed the petition allowing appeal under Section 10 and extended interim stay. Interim application disposed of.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to file appeal under Section 10 within two weeks; interim stay extended till 15.12.2024.

K.Nehru Vs The District Collector cum Chairperson — Landlord and Tenant | Madras HC (2024)

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WP(MD). No.24420 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 28/10/2024

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CORAM

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ

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WP(MD). No.24420 of 2024 and WMP(MD)No.20743 of 2024

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K.Nehru ... Petitioner

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The District Collector cum Chairperson, High Level Monitoring Committee, Tenkasi District.

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The Tahsildar, Thiruvengadam Taluk, Tenkasi District. ... Respondents

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PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari calling for the records of the impugned notice issued by the 2^nd respondent dated 01.10.2024 issued under Section 6 of Land Encroachment Act, 1905 and quash the same as illegal.

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

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WP(MD). No.24420 of 2024

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For Petitioner : Mr.K.Govindarajan, for Mr.R.J.Karthick For Respondents : Mr.P.T.Thiraviyam Government Advocate

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ORDER

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

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After the petition was heard for some time, counsel sought leave to

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withdraw the petition with liberty to file an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

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2.Counsel states the appeal will be filed within two weeks. Counsel also states the petitioner will move the appellate authority for stay.

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Counsel further submits that since the petitioner has been enjoying an ad-interim stay, the stay may be extended for a reasonable period, so that the petitioner shall apply for stay to the appellate authority.

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Petition is dismissed as withdrawn with liberty as prayed for. The appeal shall be filed within two weeks together with stay

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

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WP(MD). No.24420 of 2024

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application. The stay application / appeal shall be disposed as per law. Petitioner may apply for early hearing of the appeal and also the stay application to the appellate authority. The protection order granted earlier by this Court shall continue till 15^th December, 2024. There shall be no order as to costs. Consequently, interim application stands disposed of.

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(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.)

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28.10.2024

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NCC : Yes/No Index : Yes/No

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

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WP(MD). No.24420 of 2024

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The District Collector cum Chairperson, High Level Monitoring Committee, Tenkasi District.

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The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

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4/5

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

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WP(MD). No.24420 of 2024

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THE HON'BLE CHIEF JUSTICE

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AND

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MOHAMMED SHAFFIQ, J.

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ORDER IN WP(MD) No.24420 of 2024

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Date : 28/10/2024

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

K.Nehru v. The District Collector cum Chairperson

Case brief

What is this about?

What did the court decide?

K.Nehru v. The District Collector cum Chairperson

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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