N.Kirubakaran v. The Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2019

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.5507, 5509, 5511 and 5513 to 5516 of 2019 N.Kirubakaran .. Petitioner in W.P.No.5507 of 2019 F.Sagabdeen .. Petitioner in W.P.No.5509 of 2019 N.Ramachandran .. Petitioner in W.P.No.5511 of 2019 N.Ravikumar .. Petitioner in W.P.No.5513 of 2019 I.Zakriya .. Petitioner in W.P.No.5514 of 2019 S.Ravi .. Petitioner in W.P.No.5515 of 2019 S.Fathima BI .. Petitioner in W.P.No.5516 of 2019 Vs 1 The Government of Tamilnadu Rep. by its Principal Secretary Department of Revenue Fort St. George, Chennai - 9.

2 The District Collector Thiruvallur District.

3 The Tahsildar Poonamallee Taluk Thiruvallur District.

.. Respondents in all WPs Common Prayer in WPs:

Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus,directing the 1st respondent to hold enquiry and pass orders on the petitioners Statutory Revision Petition dated 21.2.2019 as well as on the petition for interim stay filed under Section 10 (A) and 10 (B) of Tamil Nadu Land Encroachment Act 1905 against impugned order of eviction passed by the 2nd respondent in Na. Ka. No. 18773/2018/N-1 dated 2.2.2019 within a time frame as may be fixed by this Honourable Court and till such time forbear the respondents from taking any coercive action pursuant to the impugned orders passed by the 2nd respondent confirming the order of 3rd respondent.

For Petitioners in all WPs.

: Mr.V.Raghavachari for Mr.R.Veeramani For Respondents in all WPs.

: Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.V.Raghavachari, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) for the respondents.

2. The petitioners are impugning the order of eviction passed by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The said order is dated 2.2.2019. Being aggrieved by the said order, the petitioners have preferred revision petitions under Section 10-A of the Act on 21.2.2019. Stay applications under Section 10-B of the Act have also been filed by the petitioners on the very same day, i.e., 21.2.2019. The prayer of the petitioners is that the revision petitions and the stay applications be disposed of at the earliest. The petitioners apprehend that if the stay applications are not decided expeditiously, they would be evicted from the premises.

3. Looking to all the above facts, the stay applications to be disposed of by the authority concerned within a period of one week from the date of receipt of a copy of this order. The appeals to be disposed of as expeditiously as possible.

The writ petitions are disposed of with the above observation. No costs. Consequently, W.M.P.Nos.6260, 6261, 6264 to 6267 and 6269 of 2019 are closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sasi To:

1 The Principal Secretary Government of Tamilnadu Department of Revenue Fort St. George, Chennai - 9.

2 The District Collector Thiruvallur District.

3 The Tahsildar Poonamallee Taluk Thiruvallur District.

+1cc to Mr. R.Veeramani, Advocate SR.No. 17701 +1 CC TO GOVERNMENT PLEADER SR.NO. 1813 W.P.No.5507, 5509, 5511 and 5513 to 5516 of 2019 A.SK(18/03/2019)