(Order of the court was made by HULUVADI G.RAMESH, ACJ.) Heard the learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, who takes notice on behalf of respondents 1 to 4.
2. The writ petition has been filed seeking issuance of a writ of certiorarified mandamus calling for the records of the 4th respondent dated 11.3.2017 under Section 6 of the Tamil Nadu Land Encroachment Act 1905 (III of 1905) in respect of the lands comprised in Survey No. 378/2 Punja unassessed wasteland Melakuppam Village land of an extent of 0.40.0 ha. (acre 0.10 cents) under the occupation of the petitioner and quash the same and consequently refrain the 4th respondent from any manner utilising or allotting the said land for cremation and burial ground for the arunthadhiar community in Melakuppam Village.
3. According to the petitioner, he is an agriculturist and has been in possession of the land in question, having acquired the same ancestrally, however, he has been served with a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. Hence, the present writ petition has been filed, apprehending coercive steps from the authorities.
4. Admittedly, appeal remedy is available under section 10 of the said Act. Therefore, it is for the petitioner to exhaust the appeal remedy by approaching the District Collector, Vellore District, within a period of fifteen days from the date of receipt of a copy of this order and in such event, the District Collector, Vellore District shall decide the same in accordance with law within a period of two months thereafter. Till such time, no coercive steps shall be taken against the petitioner.
5. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is cosed.
(H.G.R.,ACJ.)(T.K.R.,J.) 22.3.2017.
Note to office:
Issue order copy on 24/3/17.
B/o.
gln/24.3.17.
Index:Yes/No Internet:Yes/No ssk.
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