S.Sridhar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.5180 of 2021 and M.P.No.5741 of 2021 S.Sridhar, S/o.Late Shri Seetharam Naidu ... Petitioner Vs 1.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector Kancheepuram District.
4.The District Collector Chengalpattu District.
5.The Thashildhar Tambaram Taluk, Chengalpattu District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 3 and 4 to dispose the Appeal dated 18.09.2017 filed by the petitioner.
For Petitioner : Mr.S.S.Rajesh For Respondents: Mr.S.Kamesh Kannan Government Advocate
ORDER
(Order of the Court was passed by N.KIRUBAKARAN, J) https://hcservices.ecourts.gov.in/hcservices/
The Writ petition has been filed seeking Writ of Mandamus directing the District collector to dispose of the appeal filed by the petitioner. Against notice issued under Section 6 the Tamil Nadu Land Encroachment Act, by the Tahsildar, appeal has been preferred before the District Collector. Since the appeal has not been disposed of, the petitioner has come before this Court.
2.
It is represented that the Appeal preferred before the District Collector has been disposed of. Therefore, practically speaking, the Writ petition has become infructuous. However, the petitioner has got 30 days time to file revision under Section 10(b) of the Tamil Nadu Land Encroachment Act.
3.
Therefore, the petitioner shall file revision within a period of 30 days from the date of dismissal of the appeal by the District Collector and get an interim order, failing which, the very next day, the respondents shall act as per law and remove the encroachment.
4.
With the above direction the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rri To 1.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector, Kancheepuram District. 4.The District Collector, Chengalpattu District. 5.The Thashildhar, Tambaram Taluk, Chengalpattu District.
W.P.No.5180 of 2021 and M.P.No.5741 of 2021 SR II A.SK(13.07.2021) https://hcservices.ecourts.gov.in/hcservices/