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Madras High CourtWP/7064/2023disposed of

P.Murugaiyan v. The District Collector

2023-03-07Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.7064 of 2023

1. P.Murugaiyan

2. Mala

3. K.Seeman Sri Kumar

4. K.Chandrashekar

5. Sirila

6. G.Kannan

7. A.Evangilin Revathy

8. Mary Vincent

9. Valli 10.Jayarani 11.Mohanraj 12.Jayavel 13.K.Perumal 14.A.Anees 15.R.Kalavathy 16.M.Rajeshwari 17.S.Rajkumar 18.Vishwanathan Ayyarvelu 19.B.Perumal 20.E.Kumari 21.B.Kavitha 22.N.Muniyammal 23.Bhuvanesh 24.Alamelu 25.J.Felix Juliet Cesa

26.Sandhiya 27.M.Sekar 28.S.Saravanan 29.D.Madhavan 30.Amsaveni 31.S.Uma Maheswari 32.R.Devika 33.V.Manammal 34.M.Muthu 35.P.Jayakodi 36.S.Kanimozhi 37.S.Chihtra 38.C.Jayalakshmi 39.T.Shobana 40.V.Sathana Krishnan 41.K.Ravi 42.Ashok Kumar 43.V.Ramakrishnan 44.G.Vijaya Kumar ..

Petitioners Vs.

1. The District Collector Chengalpattu District Collectorate, GST Road Chengalpattu 603 001.

2. The Tahsildar Chengalpattu District Chengalpattu Taluk Office Chengalpattu 603 001.

3. Revenue Inspector Chengalpattu District Chengalpattu Taluk Office Chengalpattu 603 001.

4. The Department of Medical Education Rep. by its Director

No.156, Poonamallee High Road Chetpet, Chennai 600 031.

5. Chennai Metropolitan Development Authority Rep. by its Member Secretary Thalamuthu Natarajan House Gandhi Irwin Road, Ansari Estate Egmore, Chennai 600 008.

..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to consider the appeals filed by the petitioners challenging the notice dated 12.05.2022 issued by the second respondent within a time to be fixed by this Hon'ble Court in accordance with the provisions of the Tamil Nadu Encroachment Act, 1905.

For the Petitioners : Mr.B.Aravind Srevatsa For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 3

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a direction to the first respondent to consider the appeals filed by the petitioners challenging the notice dated 12.05.2022 issued by the second respondent, in accordance with the provisions of the Tamil Nadu

Encroachment Act, 1905.

2. The petitioners are in possession and enjoyment of the respective lands in question for nearly three decades. They have been issued with Aadhar card, Voter ID, Ration card and also provided with electricity and water connection. On 22.04.2022, they have been issued with a show cause notice dated 22.04.2022 calling for explanation as to why they should not be evicted from the Government land, for which, they sent their detailed reply on 04.05.2022.

3. On 12.05.2022, the second respondent issued a notice directing them to vacate the lands in question within seven days. Challenging the said order, the petitioners have filed an appeal before the first respondent on 16.05.2022 and they are pending. Apprehending that the respondents 1 to 3 would forcibly take possession of their lands in question, the petitioners have come up with this writ petition.

3. Mr.P.Muthukumar, learned State Government Pleader,

submitted that the first respondent will consider the appeals filed by the petitioner dated 16.05.2022 and pass orders within a period of two weeks.

4. In view of the above, this writ petition is disposed of, directing the first respondent to consider the appeals filed by the petitioners dated 18.05.2022 and pass appropriate 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. Till the disposal of the said appeals, the respondents shall maintain status quo. There will be no order as to costs. Consequently, WMP No.7143 of 2023 is also dismissed and WMP No.7141 of 2023 is closed.

(T.R., ACJ.) (D.B.C., J.) 07.03.2023 Index : Yes/No : Yes/No kpl To

1. The District Collector Chengalpattu District Collectorate, GST Road

Chengalpattu 603 001.

2. The Tahsildar Chengalpattu District Chengalpattu Taluk Office Chengalpattu 603 001.

3. Revenue Inspector Chengalpattu District Chengalpattu Taluk Office Chengalpattu 603 001.

4. The Department of Medical Education Rep. by its Director No.156, Poonamallee High Road Chetpet, Chennai 600 031.

5. Chennai Metropolitan Development Authority Rep. by its Member Secretary Thalamuthu Natarajan House Gandhi Irwin Road, Ansari Estate Egmore, Chennai 600 008.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 07.03.2023