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Madras High CourtWP/5013/2024disposed of

Eswaramoorthy v. The District Collector

2024-02-27Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ ESWARAMOORTHY .. Petitioner Vs

1. THE DISTRICT COLLECTOR TIRUPPUR DISTRICT, TIRUPPUR

2. THE TAHSILDAR PALLADAM TALUK, PALLADAM, TIRUPPUR DISTRICT.

3. P.ASHOK KUMAR .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to dispose of the stay petition dated 29.01.2024 filed by the petitioner under Sec. 10(B) of the Tamil Nadu Land Encroachment Act 1905 in accordance with law and within a stipulated period. For the Petitioner : Mr.K.Govi Ganesan For the Respondents : Mr.C.Kathiravan Special Government Pleader for respondents 1 and 2

ORDER

(Order of the court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus to direct the first respondent to dispose of the stay petition dated 29.01.2024 filed by the petitioner under Section 10(B) of the Tamil Nadu Land Encroachment Act 1905 in accordance with law.

2. Assailing the order passed under Section 6 of the Act of 1905, the petitioner filed an appeal under Section 10 of the Act along with an application seeking stay under Section 10(B) of the Act. As the first respondent did not pass any order in the application seeking stay, the petitioner has filed this writ petition for the relief stated supra, apprehending initiation of coercive action by the respondent authorities.

3. Considering the narrow scope of the prayer made in this writ petition, without expressing any opinion on the merits of the matter, the writ petition is disposed of with a direction to the first respondent

to consider the application for stay filed by the petitioner under Section 10(B) of the Act, and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, W.M.P.No.5504 of 2024 is closed.

(R.M.D., J.) (M.S.Q., J.) 27.02.2024 Index :

No No Note to Registry:

Issue order copy on 29.2.2024.

sasi To

1. THE DISTRICT COLLECTOR TIRUPPUR DISTRICT, TIRUPPUR

2. THE TAHSILDAR PALLADAM TALUK, PALLADAM, TIRUPPUR DISTRICT.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

(sasi) 27.02.2024