Sleeping Saint Josephs Church v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.8880 of 2020 Sleeping Saint Joseph's Church, Rep. by its Parish Priest Fr.Rev.A.Charles, Kennady Valley, Moovarasanpattu Main Road, Tirisulam, Pallavaram Taluk, Chengalpet District - 600 091.

.. Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Chennai District, Chennai - 600 001.

4.The Tashildar, Alandur Taluk, Chennai District.

.. Respondents Petition filed under 226 of the Constitution of India to issue a writ of certiorarified mandamus or any other appropriate writ, order or direction in the nature of writ of certiorarified mandamus calling for the records of the 4th respondent dated 05.06.2020 issued under Section 6 of the Tamil Nadu Encroachment Act, 1905 and quash the same and direct the 4th respondent from interfering with the petitioner's occupation of lands measuring 1.40 Acres comprised in S.No.25/2B, Trisulam Village, Pallavaram Taluk, Chengalpet District.

For Petitioner ..Mr.M.Sivavarthanan For Respondents..Mr.G.K.Muthukumar, Spl. G.P.

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Mr.G.K.Muthukumar, learned Special Government Pleader takes notice for the respondents.

2.The petitioner has come forward to file this writ petition challenging the impugned order passed by the fourth respondent by which notice of eviction was issued to the petitioner under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

3. Admittedly, the order impugned is appealable in nature. In such view of the matter, we are not inclined to entertain this writ petition. Considering the facts of of the case, the petitioner is given four weeks' time from the date of receipt of a copy of this order to file an appeal before the third respondent. Till such time, status quo, as on today shall be maintained.

4. The writ petition stands disposed of accordingly. No costs. Consequently, connected W.M.P.No. 10791 of 2020 is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3.The District Collector, Chennai District, Chennai - 600 001.

4.The Tashildar, Alandur Taluk, Chennai District.

W.P.No.8880 of 2020 MG(CO) CB(31/07/2020)