R. A. V. Kovil Annayya Charities, Represented by its Managing Trustee, C. Narasimha Swamy vs District Collector, Tiruvallur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 3213

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
R. A. V. Kovil Annayya Charities, Represented by its Managing Trustee, C. Narasimha Swamy – Appellant
Versus
District Collector, Tiruvallur – Respondent

Advocates:
For the Petitioner:V. Raghavachari, Senior Counsel, Avinash Wadhwani, Advocate. For the Respondents:R. Shunmugasundaram, Advocate General, Assisted by K. Karthik Jagannath, Government Advocate & R1 to R3, A.G. Shakeenaa, Advocate, P. Wilson, Senior Counsel Assisted by R4, Rita Chandrasekar, Advocate.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in R.C.No.1673/2023/B1, dated 24.08.2023 and Na.Ka.1673/2023/AA1, dated 25.08.2023 and quash the same as illegal, incompetent and without jurisdiction and further forbearing the respondents from interfering with the possession of the petitioners with respect the property in S.No.1382/2, Pasali 1432, Poonamallee village, Tiruvallur district.)

D. Bharatha Chakravarthy, J.

1. This Writ Petition is filed challenging the order passed by the Tahsildar, Poonamallee, dated 24.08.2023 in R.C.No.1673/2023/B1, thereby, rejecting the objections raised by the petitioner and holding that the petitioner is an encroacher liable to be evicted from the subject premises as per Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') and the consequential notice issued as per Section 6 of the Act, dated 25.08.2023, bearing R.C.No.1673/2023/B1.

2. It is the case of the writ petitione

Click Here to Read the rest of this document

2023 Supreme(Mad) 3213

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHYR. A. V. Kovil Annayya Charities, Represented by its Managing Trustee, C. Narasimha Swamy – AppellantVersusDistrict Collector, Tiruvallur – Respondent

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
R. A. V. Kovil Annayya Charities, Represented by its Managing Trustee, C. Narasimha Swamy – Appellant
Versus
District Collector, Tiruvallur – Respondent