K.Ganesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI and W.M.P. Nos.5617, 5627 and 5645 of 2025 K. Ganesan Petitioner in WP No.5064 of 2025 G. Sivarekha Petitioner in WP No.5071 of 2025 K. Kanniappan Petitioner in WP No.5082 of 2025 vs.
1.
The District Collector Chengalpattu District Chengalpattu The Tahsildar/Authorised Officer Tambaram Taluk Cuddalore District Respondents in both WPs Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to dispose the petitioners' appeals dated 10.01.2025 filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, within a time frame. Page Nos.1/6
For petitioner in all WPs Mr. S.V. Karthikeyan For respondents Mr. V. Ravi in all WPs Special Government Pleader COMMON ORDER [made by M.SUNDAR, J.] Captioned main 'writ petitions' (hereinafter 'WPs' for the sake of brevity) have been filed for a mandamus prayer qua statutory appeals under Section 10-A of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act') filed by the writ petitioners.
To be noted, captioned main WPs in the Admission Board are listed under cause list caption 'FOR DISMISSAL' as there was no representation for the writ petitioners yesterday (17.02.2025). Mr.S.V.Karthikeyan, learned counsel for writ petitioners, expresses regret and tenders apology for missing the matter yesterday. This apology is accepted.
Page Nos.2/6
3.
Learned counsel for writ petitioners submits that date of presentation of captioned WPs is 23.01.2025 and date of filing is 12.02.2025. Post presentation of captioned main WPs, a hearing was held by R1 (District Collector) in the statutory appeals filed by writ petitioners but stay petitions under Section 10-B are pending, is learned counsel's say. To be noted, the statutory appeals under Section 10 and the stay petitions under Section 10-B of said 1905 Act are dated 10.01.2025.
4.
Issue notice to respondents.
5.
Mr. V. Ravi, learned Special Government Pleader, accepts notice for both respondents and submits, on instructions, that the main statutory appeals are being heard out by R1 and that final orders on the same will be passed as expeditiously as the business of R1 permits but in any event within six weeks from today i.e., on or before 01.04.2025. This submission is recorded.
Page Nos.3/6
6.
As the writ petitioners have filed separate stay petitions, though obvious, it is made clear that coercive action, if any and if at all that be so, shall be subject to and depending on orders of R1 on the statutory appeals of the writ petitioners being statutory appeals dated 10.01.2025 filed under Section 10 of said 1905 Act. 7.
The stated position of the learned State counsel, as recorded, is good enough to give a closure to the captioned main WPs and the captioned writ miscellaneous petitions (hereinafter 'WMPs' for the sake of brevity) thereat.
8.
Therefore, captioned main WPs and captioned WMPs thereat are disposed of by recording the stated position of the learned State counsel. There shall be no order as to costs. (M.S., J.) (K.G.T., J.) 18.02.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.4/6
To:
1.
The District Collector Chengalpattu District Chengalpattu The Tahsildar/Authorised Officer Tambaram Taluk Cuddalore District Page Nos.5/6
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad Common order in 18.02.2025 Page Nos.6/6