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Madras High CourtWP/4457/2024disposed of

S.Joseph v. The State Of Tamilnadu

2024-02-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Joseph ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Revenue Department Fort St. George, Chennai - 600 009.

2. The District Collector Office of the Collector Kancheepuram.

3. The Tahsildar Kundrathur Taluk, Kundrathur Kancheepuram District.

4. The Revenue Inspector Padappai Sub-Division Kundrathur Taluk Kundrathur.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the second respondent to dispose the appeal dated 04.09.2023 filed by the petitioner under Section 10(a) of the Tamil Nadu Land Encroachment Act, 1905 within a stipulated time.

For the Petitioner : Mr.A.T.Jayaraman For the Respondents : Mr.A.Edwin Prabhakar State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.T.Jayaraman, learned counsel for the petitioner and Mr.A.Edwin Prabhakar, learned State Government Pleader for respondents.

2. Learned counsel for the petitioner submits that an appeal under Section 10(a) of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as, "the Act of 1905"] is filed against the order passed under Section 6 of the Act of 1905. The same is not decided.

3. Learned State Government Pleader submits that the encroachment has been removed. The permission granted to the school has been withdrawn. The school was being run in a Government land. The students admitted in the school are already accommodated in another school and now, there is no structure in existence in the said land.

4. Be that as it may, as the appeal filed by the petitioner is pending before the District Collector, the District Collector may consider the appeal, in accordance with law, preferably within a period of four months.

5. In light of the above, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 22.02.2024 Index :

Yes/No :

Yes/No drm

To

1. The Secretary to Revenue Department The State of Tamil Nadu Fort St. George, Chennai - 600 009.

2. The District Collector Office of the Collector Kancheepuram.

3. The Tahsildar Kundrathur Taluk, Kundrathur Kancheepuram District.

4. The Revenue Inspector Padappai Sub-Division Kundrathur Taluk Kundrathur.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 22.02.2024