ABDUL QUDDHOSE, S. SRIMATHY
Arjunan – Appellant
Versus
District Collector, Thanjavur – Respondent
JUDGMENT
(Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the third respondent issued under Section 7 of the Act, dated 01.09.2021 and impugned proceedings of the second respondent issued under Section 6 of the Act in Na.Ga.10253/2020 B4, dated 03.03.2022, quash the same and consequently direct the respondents herein to correct the wrong classification of Survey No.297/15 as comprised of a pathway and natham land after due field enquiry and usage.)
Common Order
Abdul Quddhose, J.
1. These writ petitions have been filed challenging the notices dated 01.09.2021 and 03.03.2022 passed by the third respondent and second respondent, issued under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 against the petitioners respectively.
2. The case of the petitioners is that aggrieved by the aforementioned orders, the petitioners have filed a Statutory Appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, before the first respondent. The petitioners have also filed stay applications before the first responde
The court emphasized the need for a fair hearing and granted a stay of the impugned orders until the Statutory Appeal is disposed of.
The court emphasized the need to protect the petitioner's interest until the Statutory Appeal is disposed of, considering the nature of the land and the lack of opportunity for a fair hearing.
A writ petition challenging an order passed under the Tamil Nadu Land Encroachment Act, 1905 is not maintainable when an appeal against the same order is already pending before the statutory appellat....
A writ petition challenging a notice is not maintainable after availing statutory remedies through an appeal.
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