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2024 Supreme(Online)(MAD) 22393

HIGH COURT OF MADRAS
Hon`ble Mr.Justice D.KRISHNAKUMAR
Karuppaiah – Appellant
Versus
The District Collector – Respondent


ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.)

The notice dated 02.03.2023 issued by the third respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, directing the petitioner to remove the encroachment made by him in the property comprised in Survey No.429/38, Sundarajapuram Village, Rajapalayam Taluk, Virudhunagar District is under challenge in this Writ Petition.

2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.According to the petitioner, he filed a suit in O.S.No.105 of

2022 on the file of the Principal Sub Court, Srivilliputhur, as against the seventh respondent seeking for permanent injunction in respect of the very same subject property and the said suit is still pending. While so, the seventh respondent herein filed a Writ Petition in W.P(MD)No.1989 of 2022, seeking to remove the encroachments made by the petitioner herein in Survey No.429/38, Sundararajapuram Village, Rajapalayam Taluk, Virudhunagar District and the Division Bench of this Court, by order dated

17.11.2022, disposed of the Writ Petition directing the authorities concerned to consider and dispose of the representation of the peti

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