LAWS(MAD)-2025-4-117

N. THAMBANAN Vs. DISTRICT COLLECTOR

Decided On April 07, 2025
N. Thambanan Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) Captioned writ petition has been filed with a prayer for issue of a writ of certiorarified mandamus. In and vide certiorari limb of the prayer a notice signed by R3 on 7/5/2024 has been assailed. To be noted, caption to this notice says that it has been issued under Sec. 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. This notice shall hereinafter be referred to as 'impugned notice' for the sake of convenience and clarity.

(2.) In and vide the mandamus limb of the prayer, a consequent direction to respondents to take out 24 cents from and out of R.S.No.160 and include the same in R.S.Nos.139/1, 139/2, 140 and 140/9, all in Nallagoundanpalayam Village, Erode Taluk, Erode District has been sought. To be noted, the mandamus limb is predicated on 'judgment and decree of the civil Court dtd. 30/12/1997 made in O.S.No.1275 of 1996 on the file of learned Principal District Munsif Judge's Court, Erode' [hereinafter 'said civil Court decree' for the sake of convenience and clarity].

(3.) This Court deems it appropriate to scan and reproduce the impugned notice. We do so and scanned reproduction of the impugned notice is as follows: <IMG>JUDGEMENT_117_LAWS(MAD)4_2025_1.jpg</IMG>