Madras High CourtWP/11155/2017disposed of

Chandran v. The Secretary

2017-05-04Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.11155 of 2017 and W.M.P.No.12088 of 2017 1.Chandran 2.Leema Gracy ... Petitioners Vs.

1. The Secretary, Department of Revenue, Fort St.George, Chennai.

2. The District Collector, Kancheepuram District, Kancheepuram.

3. The Revenue Divisional Officer, Office of the Sub Collector, Chengalpattu.

4. The Tahsildar, Taluk Office, Chengalpattu.

5. The Village Administrative Officer, Thellimedu Village, Chengalpattu Taluk.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent herein to dispose the revision petition dated 20.03.2017 preferred by the petitioners before the first respondent within a time to be specified/fixed by this Court.

For Petitioners : Dr.C.Ravichandran For Respondents : Mr.R.Vijayakumar, Additional Government Pleader

ORDER

(The Order of the Court was made by N.Kirubakaran,J) The petitioners are stated to be in occupation of the property to an extent of 0.35 cents comprised in Survey No.267/2A in Thellimedu Village, Chengalpattu Taluk. The petitioners are stated to be in possession since 30 years. Thereafter, notice was issued to the first petitioner on 07.12.2016 by the Tahsildar, Chengalpattu Taluk, under Section 7 of the Tamil Nadu Land Enroachment Act 1905, and finally, notice under Section 6 of the Land Encroachment Act 1905 was issued on 23.12.2016. As against the said orders of Tahsildar, the petitioners have preferred an appeal before the District Collector, Kancheepuram. The said appeal was dismissed on 24.02.2017, against which, the petitioners preferred a revision under Section 10-A(c) of the Tamil Nadu Land Encroachment Act, 1905 on 20.03.

2017 and the said revision is still pending. Thereafter, the second petitioner gave a representation to the second respondent-District Collector to issue patta in her favour. But there was no response till date. Hence, the petitioners have approached this Court by filing Writ Petition seeking a direction to the first respondent to dispose of the revision petition dated 20.03.2017 preferred by them.

2. Heard Dr.C.Ravichandran, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader who takes notice on behalf of the respondents.

3. Taking note of filing of revision by the petitioners on 20.03.2017, this Court directs the first respondent to dispose of the revision filed by the petitioners, on merits and in accordance with law, within eight weeks from the date of receipt of a copy of this order. Till the revision petition is disposed of, there shall be an order of status quo as on date to be maintained by the parties.

4. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar ds/srn To: