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Madras High CourtWP/5186/2024disposed of

Chinnathambi v. The District Collector

2024-03-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CHINNATHAMBI : Petitioner Vs 1.THE DISTRICT COLLECTOR KALLAKURICHI.

2.THE EXECUTIVE OFFICER / PANCHAYAT PRESIDENT T.ATHIPAKKAM PANCHAYAT UNION THIRUKOILUR TALUK, KALLAKURICHI 3.THE BLOCK DEVELOPMENT OFFICER VILLAG EPANCHAYAT, THIRUKOILUR, KALLAKURICHI. 4.THE REVENUE TASHILDAR THIRUKOILUR, KALLAKURICHI.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for records on the file of the 3rd respondent in Na.Ka.No.A2/3132/2022 dated 16.02.2024 and quash the same as illegal, incompetent and without jurisdiction. For Petitioner :

Ms.R.Poornima For Respondents :

Mr.T.K.Saravanan, Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Poornima, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate, for the respondents.

2. Learned counsel for the petitioner submits that the appeal filed by the petitioner before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, is still pending. Learned counsel submits that the District Collector has passed an order of status quo to be maintained by the parties. However, in spite of the order of status quo, the Block Development Officer is trying to proceed with the impugned construction.

3. The learned Government Advocate submits that till the order of status quo passed by the District Collector is in force, no further steps would be taken by the respondents.

4. In light of the statement made by the learned Government

Advocate, the writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP Nos.5701, 5703 of 2024 are closed. (S.V.G., CJ.) (D.B.C., J.) 20.03.2024 Index : Yes/No : Yes/No tar To 1.THE DISTRICT COLLECTOR KALLAKURICHI.

2.THE EXECUTIVE OFFICER / PANCHAYAT PRESIDENT T.ATHIPAKKAM PANCHAYAT UNION THIRUKOILUR TALUK, KALLAKURICHI 3.THE BLOCK DEVELOPMENT OFFICER VILLAG EPANCHAYAT, THIRUKOILUR, KALLAKURICHI. 4.THE REVENUE TASHILDAR THIRUKOILUR, KALLAKURICHI.

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

(tar) 20.03.2024