A.Rathinavel v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.11244 of 2023 A.Rathinavel ...
Petitioner versus 1.The State of Tamil Nadu Rep. by its Secretary Revenue Department/Land Administration Fort St.George, Chennai-600 009.
2.The District Collector Salem District, Salem.
3.The Tahsildar Taluk Office, Salem District.
4.The Revenue Inspector Salem Taluk, Salem District.
...
Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents from evicting the petitioner from the Government Tharisu Poramboke land measuring 1.50 Acres in Survey No.105/1, Velliyampetti Village, Kuppanur Kaatu Valavu, Salem District and consequently direct the respondents to dispose of the Revision Petition of the petitioner dated 04.02.2023.
For the Petitioner :
Mr.K.Selvaraj For the Respondents :
Mr.P.Muthukumar, State Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a writ of mandamus forbearing the respondents from evicting the petitioner from 'Government Tharisu Poramboke land', measuring 1.50 Acres, in Survey No.105/1, Velliyampetti Village, Kuppanur Kaatu Valavu, Salem District, and consequently, direct the respondents to dispose of the Revision Petition of the petitioner dated 04.02.2023.
2. Learned counsel for the petitioner drew our attention to the order dated 19.10.2022, in WP No.27859 of 2022, filed by the petitioner for the very same relief, wherein this court has directed the District Collector, Salem, to dispose of the pending appeal, within a period of four weeks from the date of receipt of a copy of the order. This court also directed the parties to maintain status quo.
3. Thereafter, the District Collector has rejected the appeal, by order dated 13.01.2023 and directed the revenue officials to take action to evict the petitioner from the property. As against the order of the District Collector, dated 13.01.2023, the petitioner has filed a statutory revision dated 04.02.2022, before the first respondent and the same is pending.
4. The apprehension of the petitioner is that the authorities may cut down hundreds of trees that are standing in the property. Therefore, till the disposal of the revision petition by the first respondent, the petitioner prays for an order of status quo.
5. Learned Government Pleader submitted that the pending revision petition would be disposed of within a period of four weeks.
6. Recording the said statement of learned Government Pleader, the writ petition is disposed of by directing the first respondent Secretary, Revenue Department/Land Administration, Fort St.George, Chennai, to dispose of the pending revision filed by the petitioner, within a period of four weeks from the date of receipt of a copy of this
order. The parties are also directed to maintain status quo till the disposal of the revision petition.
7. There will be no order as to costs. WMP No.11120 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.) 13.04.2023 Index : Yes/No : Yes/No tar
To 1.The Secretary Revenue Department/Land Administration Fort St.George, Chennai-600 009.
2.The District Collector Salem District, Salem.
3.The Tahsildar Taluk Office, Salem District.
4.The Revenue Inspector Salem Taluk, Salem District.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar) 13.04.2023