Chinnammal v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.10090 of 2020 and W.M.P.No.12260 of 2020 1.Chinnammal 2.Pachayee .. Petitioners Vs 1.The District Collector Office of the District Collectorate, Erode - 638 011.

2.The Revenue Divisional Officer, Gobichettipalayam, Office of the Revenue Divisional Officer, Gobichettipalayam - 638 452.

3.The Thasildar, Andhiyur, Andhiyur Taluk Office, Andhiyur 638 501.

4.The Revenue Inspector, Office of the Thasildar, Andhiyur, Andhiyur Taluk Office, Andhiyur 638 501.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents not to evict the petitioners without passing any orders on the reply submitted by the petitioners to the notice dated 01/06/2019 issued by the 4th respondent and further remedy any available to the petitioners. For Petitioners ..

Mr.Harinath Babu for Mr.K.Kumaresh Babu For Respondents ..

Mr.G.K.Muthukumar, Spl.G.P .

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondents not to evict the petitioners without passing any orders on the reply submitted by the petitioners to the notice dated 01.06.2019 issued by the fourth respondent, the present writ petition has been filed.

2. In pursuance to the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, the petitioners made a representation. However, no order has been passed under Section 6 of the Tamil Nadu Land Encroachment Act,1905. Apprehending eviction, the petitioners have come forward to file this writ petition.

3. Upon hearing the learned Special Government Pleader, it appears that no final order has been passed after the initial notice issued under Section 7 of the Tamil Nadu Land Encroachment Act. The petitioners have also given their reply to the notice.

4. In such view of the matter, we direct the fourth respondent to pass appropriate orders on the reply submitted by the petitioners within a period of six weeks from the date of receipt of a copy of this order. Needless to state that till such time, status quo as on today shall be maintained.

5. With the above direction, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To 1.The District Collector Office of the District Collectorate, Erode - 638 011.

2.The Revenue Divisional Officer, Gobichettipalayam, Office of the Revenue Divisional Officer, Gobichettipalayam - 638 452.

3.The Thasildar, Andhiyur, Andhiyur Taluk Office, Andhiyur 638 501.

4.The Revenue Inspector, Office of the Thasildar, Andhiyur, Andhiyur Taluk Office, Andhiyur 638 501.

W.P.No.10090 of 2020 VS(CO) GN(28/09/2020)