1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN W.P(MD)No.11385 of 2011 and M.P(MD)No.1 of 2011 V.Karuppaiah .. Petitioner Vs. 1.The District Collector, Sivagangai District. 2.The Revenue Inspector, Kandadevi, Devakottai Taluk, Sivagangai District. 3.The Village Adminstrative Officer, Kilamalai Village, Devakottai Taluk, Sivagangai District. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned notice undated, but signed by the third respondent on 13.09.2011 and signed by the second respondent purporting to have been passed under Section 5 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same and consequently forbear the respondents their men, agents or servants or any one claiming under them from in any manner interfering with the petitioner's peaceful possession and enjoyment of his hut put up by him in Survey No.30, Kilamalai Village, Devakottai Taluk, Sivagangai District. For petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.K.Mahendran Special Govt. Pleader ORDER (Order of the Court was made by R.SUDHAKAR, J.) The Writ Petition has been filed to quash the the impugned notice undated, but signed by the third respondent on 13.09.2011 and signed by the second respondent purporting to have been passed under Section 5 of the Tamil Nadu Land Encroachment Act, 1905 and to forbear the respondents from in any manner interfering with the petitioner's peaceful possession and enjoyment of his hut put up by him in Survey No.30, Kilamalai Village, Devakottai Taluk, Sivagangai District. 2. Heard Mr.VR.Shanmuganathan, learned counsel appearing for the petitioner and Mr.K.Mahendran, learned Special Government Pleader, who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. By consent, the Writ Petition itself is taken up for final hearing. 4. The petitioner is aggrieved by the notice issued in terms of Sections 5 and 6 of the Tamil Nadu Land Encroachment Act, 1905(In short "The Act"). 5. Section 7 of the Act provides for prior notice to the person in occupation, before initiating the proceedings under Section 6 of the Act. 6. In such view of the matter, the notice issued under Sections 5 and 6 of the Act shall be treated as notice under Section 7 of the Act. The petitioner is directed to submit his explanation to such notice within two weeks from the date of receipt of a copy of this order. Thereafter, the authority shall proceed in the matter in accordance with the provisions of the Act. Till such time the explanation is submitted by the petitioner and the proceedings are concluded by the authority concerned in accordance with the provisions of the Act, the petitioner's occupation shall not be disturbed. 7. With the above direction, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar(CS) To 1.The District Collector, Sivagangai District. 2.The Revenue Inspector, Kandadevi, Devakottai Taluk, Sivagangai District. 3.The Village Adminstrative Officer, Kilamalai Village, Devakottai Taluk, Sivagangai District. pm WP(MD)No.11385 of 2011 30.09.2011 TR: 13.10.2011 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/