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Ponnaiya v. The District Collector

Madras HC17 Feb 2025WP(MD)/3573/2025

Case brief

AI extract

What is this about?

W.P(MD)No.3573 of 2025, Madurai Bench of Madras High Court, decision dated 17.02.2025; petitioner Ponnaiya challenged a notice dated 21.01.2025 issued by the Revenue Inspector, Thevaram under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 concerning Survey No.1044 (extent 0.18.60), Thevaram Village, Uthamapalayam Taluk, Theni District; Tahsildar, Uthamapalayam withdrew the impugned proceedings vide Na.Ka.No.267/2022/A3 dated 08.02.2025; writ petition disposed of as infructuous, no costs, connected WMP(MD)Nos.2527 & 2528 of 2025 closed; keywords: certiorari, Article 226, land encroachment notice withdrawal, Theni.

What did the court decide?

Writ Petition disposed of as nothing survived for adjudication following the withdrawal of the impugned Section 6 notice by the Tahsildar; no order as to costs; connected Miscellaneous Petitions closed.

Ponnaiya Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.3573 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.02.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.3573 of 2025 and

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WMP(MD)Nos.2527 & 2528 of 2025

Ponnaiya

... Petitioner

vs.

1.The District Collector, Theni District.

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2.The Tahsildar, Uthamapalayam Taluk, Theni District.

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3.The Revenue Inspector, Thevaram, Uthamapalayam Taluk, Theni District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the entire records pertaining to the impugned order passed by the third respondent vide proceedings in G.O.Ms.No.540, Revenue LD6(2) dated 04.12.2014, Tamil Nadu Land

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

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W.P(MD)No.3573 of 2025

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Encroachment Act, 1905, Section 6 dated 21.01.2025 in Survey No.1044 extent of 0.18.60 situated in Thevaram Village, Uthamapalayam Taluk, Theni District and to quash the same.

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For Petitioner : Mr.S.Balaji For Respondents : Mr.J.Ashok Additional Government Pleader

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ORDER

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(Order of the Court was made by J. NISHA BANU, J.)

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Challenging the notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, by the third respondent dated 21.01.2025, the petitioner has filed the present Writ Petition.

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2.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents submitted that the second respondent/the Tahsildar, Uthamapalayam, vide proceedings in Na.Ka.No. 267/2022/A3 dated 08.02.2025, has withdrawn the impugned proceedings of the third respondent, dated 21.01.2025 and therefore, nothing survives for further adjudication in this regard.

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

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W.P(MD)No.3573 of 2025

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3.In view of the same, this Writ Petition is disposed of. There shall

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be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

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[J.N.B.,J.] & [S.S.Y.,J.] 17.02.2025