JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the records on the file of the second respondent dated 03.09.2021 issued under Section 7 of the 1905 Act (Land Encroachment Act) in respect of the petitioner's property i.e. No.147, KGT Nagar, Kattupakkam, Chennai 56 and quash the same and consequently, direct the respondents not to interfere with his peaceful possession and enjoyment of the above mentioned property.)

1. A challenge to the notice dated 03.09.2021, issued by the second respondent, under Section 7 of the Act of 1905 (Land Encroachment Act) has been made in this writ petition.

2. Learned counsel for the petitioner submits that consequent to the notice impugned herein, an order of eviction has been passed and therefore, the petitioner has preferred an appeal and same is pending. In the meanwhile, a public interest litigation has also been filed in respect of the said land and the Court has taken cognizance and also directed the respondents to submit a report.

3. In view of the above, the petitioner, apprehending that the Appellate Authority may not consider the merits of the case in re