Petitioner challenged an order advising eviction regarding alleged encroachment under the Land Encroachment Act. Court held eviction process must follow statutory procedure, dismissed writ as apprehension was baseless.
No interference with impugned order advising eviction; writ petition dismissed.
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.(MD)No.27603 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD) No.27603 of 2024 and
W.M.P.(MD)Nos.23428 and 23431 of 2024
R.Soundarapandian ... Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining
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W.P.(MD)No.27603 of 2024
to the impugned order issued by the second respondent vide Na.Ka.A2/5227/2024 dated 05.11.2024 and quash the same as arbitrary and illegal.
For Petitioner : Mr.K.S.Duraipandian For Respondents : Mr.S.Shaji Bino Special Government Pleader
ORDER
(Order of the Court was made by M.S.RAMESH, J.)
Apprehending that the respondent might illegally evict the petitioner from the property in Survey No.161/1, owing to the proceedings dated 05.11.2024, this writ petition has been filed.
2.Mr.S.Shaji Bino, learned Special Government Pleader, takes
notice for the respondents.
3.By consent of both sides, this writ petition is taken up for final
disposal at the admission stage itself.
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6.Accordingly, this Writ Petition stands dismissed. There shall be
no order as to costs. Consequently, connected miscellaneous petitions are closed.
[M.S.R.,J] [A.D.M.C.,J] 19.11.2024
NCC : Yes/No Index : Yes/No ta
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W.P.(MD)No.27603 of 2024
To
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W.P.(MD)No.27603 of 2024
M.S.RAMESH, J AND A.D.MARIA CLETE, J.
ta
ORDER IN W.P.(MD)No.27603 of 2024
Date :19.11.2024
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2 issues framed by the court
Whether the High Court should interfere with an order advising eviction of an alleged encroacher under the Land Encroachment Act procedure.
Whether apprehension of illegal eviction without following due process of law warrants issuance of a writ of certiorari.
1 provisions across 1 enactments
R.Soundarapandian
The District Collector, Virudhunagar District
The Revenue Divisional Officer, Aruppukottai
The Tahsildar, Kariyapatti
M.S. Ramesh
A.D. Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
