Madras High CourtWP/3290/2025disposed of

M.Shanmugam v. The Director

2025-02-03Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.No.3650 of 2025 1.

M.Shanmugam S/o.P.Munusamy 2.

M.Ponnu Vel S/o.P.Munusamy

...Petitioners

Vs 1.

The Director Department of Town and Country Planning CMDA Office Complex, E & C Market Road Koyambedu, Chennai-600 107.

The District Collector Chennai District Chennai.

The Regional Deputy Commissioner Greater Chennai Corporation (North Region) No.945, T.H.Road, Tiruvottiyur Chennai-600 019.

Page Nos.1/7

The Executive Engineer Zone-01, Corporation of Chennai Thiruvottiyur, Chennai-600 019.

The Assistant Engineer Division-001 Corporation of Chennai Thiruvottriyur, Chennai-600 019.

The Revenue Divisional Officer North Chennai Revenue Division Chennai-600 066.

The Tahsildar Tiruvottriyur Taluk Chennai-600 019.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the stay application in statutory appeal filed by petitioners on 21.01.2025 against notices dated 28.12.2024 and 13.01.2025 made in Na.Ka.No.B1/1852/2024 issued by the 7th respondent within a stipulated time.

For Petitioners :

Mr.C.Prabakaran For Respondents :

Mr.T.K.Saravanan Government Advocate for R1, R2, R6 and R7 Mr.G.T.Subramanian Standing Counsel, for R3, R4 & R5 Page Nos.2/7

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} has been filed with a simple mandamus prayer qua a 'stay petition (stay petition under Section 10-B of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}) dated 21.01.2025' {hereinafter 'said stay petition' for the sake of brevity, convenience and clarity} in a statutory appeal dated 21.01.2025 under Section 10 of said 1905 Act. To be noted, said statutory appeal has been filed before R2, who is the Appellate Authority and statutory appeal is directed against notice dated 28.12.2024 bearing reference Na.Ka.No.B1/1852/2024 under Section 7 of said 1905 Act and order dated 13.01.2025 bearing reference Na.Ka.No.B1/1852/2024 under Section 6 of said 1905 Act.

2. Mr.C.Prabakaran, learned counsel on record for writ petitioners submits that while stay petition is pending, writ petitioners are under pain of dispossession / eviction and that has necessitated the captioned main WP. Page Nos.3/7

3. Issue notice.

4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1, R2, R6 and R7 and Mr.G.T.Subramanian, learned Standing Counsel accepts notice for R3, R4 and R5.

5. Learned State Counsel submits on instructions that R2 - Appellate Authority would dispose of said stay petition as expeditiously as the official business of R2 would permit but in any event, within three weeks from today i.e., on or before 24.02.2025.

6. Owing to the limited scope of the legal drill at hand, captioned main WP is taken up with the consent of learned counsel on both sides.

7. We make it clear that it is open to R2 to take up the said statutory appeal also as expeditiously as possible (even within this three weeks) if the official business of R2 permits but we also make it clear that we have not fixing any time frame for main statutory appeal. Page Nos.4/7

8. Be that as it may, though it is only a corollary we make it clear that any coercive action will be subject to / depending on orders to be made in said stay petition.

Captioned main WP disposed of recording the stated position of learned State Counsel. Consequently, captioned Writ Miscellaneous Petition thereat disposed of as closed. There shall be no orders as to costs. [M.S.,J.] [K.G.T.,J.] 03.02.2025 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.5/7

To 1.