1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.(MD).No.8129 of 2011 and M.P.Nos.2 and 3 of 2011 1.S.Rajendran 2.Murugesan 3.Pushpam 4.Nagarathinam @ Nagu Asari : Petitioners Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District. 3.The Tahsildar, Taluk Office, Karaikudi Taluk, Sivagangai District. 4.The Revenue Inspector, Karaikudi Circle, Karaikudi. 5.V.Stanislas 6.T.Thainees : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records pertaining to the impugned notices issued by the fourth respondent dated 13.06.2011 and quash the same as illegal. For Petitioners : Mr.R.Murugappan for Mr.V.Karuna For Respondents 1 to 4 : Mr.K.Mahendran Special Government Pleader O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of respondents 1 to 4. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Admittedly, as against the petitioners in respect of various portions, which are in their occupation, on treating them as encroachments, the fourth respondent has issued notices under Section 7 https://hcservices.ecourts.gov.in/hcservices/ 2 of the Tamil Nadu Land Encroachment Act, 1905, [for short "the Act"], seeking explanation as to why the petitioners should not be evicted. It appears that based on the show cause notices issued under Section 7 of the Act, the petitioners have submitted their explanation on 12.07.2011. According to the petitioners, the fourth respondent has not passed any order as required under Section 6 of the Act for the purpose of eviction and their apprehension is that without passing further orders, the petitioners are likely to be evicted, and therefore, the present Writ Petition is filed challenging the notices dated 13.06.2011 issued under Section 7 of the Act. 3. On the face of it, the Writ Petition is not maintainable, for the simple reason that unless and until the fourth respondent passes an order as required under Section 6 of the Act, pursuant to the show cause notices issued under Section 7 of the Act, taking note of the explanation offered by the petitioners dated 12.07.2011, the petitioners cannot be evicted. Under such circumstances, we are of the view that there is no necessity to interfere with the notices issued under Section 7 of the Act, especially when the petitioners have submitted their explanation to the show cause notices on 12.07.2011. However, we make it clear that the fourth respondent shall consider the said objections submitted by the petitioners dated 12.07.2011 in their proper perspective and pass appropriate orders on merits and in accordance with law, as required under Section 6 of the Act. It is also made clear that till such orders are passed by the fourth respondent, status-quo, which is existing as-on- date, shall be maintained in respect of possession. The Writ Petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1. The District Collector, Sivagangai District, Sivagangai. 2. The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District. 3. The Tahsildar, Taluk Office, Karaikudi Taluk, Sivagangai District. 4. The Revenue Inspector, Karaikudi Circle, Karaikudi. + 1 cc to The Special Government Pleader, SR No.24041 + 1 cc to Mr.V.Karuna, Advocate, SR No.24088 ORDER MADE IN W.P.(MD).No.8129 of 2011 21.07.2011 NB RJ/22.7.11 (IT) 2p/7c https://hcservices.ecourts.gov.in/hcservices/