T. Dhanasekaran, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.36248 of 2005 and W.M.P.No.39108 of 2005 T.Dhanasekaran .. Petitioner -vs1.The Tahsildar, 2.The Revenue Inspector, Mambalam-Guindy Firka, 3.The District Collector, Chennai District, Singaravelar Maaligai, Rajaji Salai, Chennai 600 001.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records comprised in the proceedings of the first respondent in A2/10748/2005 dated 21.10.2005 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same and consequently, issue a Mandamus to the respondents byd irecting them to grant patta in favour of the petitioner with respect to land situated in S.No.123/1 part, admeasuring approximately 3 cents in Velacherry village, Mambalam-Guindy Taluk, Chennai, in terms of G.O. Ms.No.168, Revenue dated 27.3.2000.

For Petitioner :

Mr.T.T.Ravichandran For Respondents :

Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.)

O R D E R

(Order of the Court was made by M.DURAISWAMY, J.) The petitioner has challenged the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, in this writ petition.

2.The learned counsel appearing for the petitioner submitted that the petitioner has got remedy by way of appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, before the Appellate Authority. The petitioner has filed the writ petition without exhausting the appeal remedy under Section 10 of the said Act. The learned counsel submitted that the writ petition may be disposed of giving liberty to the petitioner to file appeal under Section 10 of the said Act, challenging the order passed under Section 6 of the said Act. 3.Further, the learned counsel submitted that the petitioner would file the appeal within a period of two weeks and the interim stay granted on 18.11.2005 by this Court may be extended for a period of two weeks.

In view of the submissions made by the learned counsel for the petitioner, the writ petition is disposed of giving liberty to the petitioner to challenge the impugned order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, before the Appellate Authority, under Section 10 of the said Act, within a period of two weeks from the date of receipt of a copy of this order. The interim stay granted on 18.11.2005 is extended for a period of two weeks, enabling the petitioner to file the appeal before the Appellate Authority. No costs. Consequently, WP.M.P.No.39108 of 2005 is closed. Sd/- Assistant Registrar(Insp.cell) //True copy// Sub Assistant Registrar sra To 1.The Tahsildar,

2.The Revenue Inspector, Mambalam-Guindy Firka, 3.The District Collector, Chennai District, Singaravelar Maaligai, Rajaji Salai, Chennai 600 001.

+1cc to Government Pleader SR.No.44708 W.P.No.36248 of 2005 KK(CO) GMY(05/07/2019)