Saraswathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH and WMP.No.12392 of 2025 Saraswathi .... Petitioner Vs 1.The District Collector Thiruvallur District.

2.The District Revenue Officer Thiruvallur District.

3.The Revenue Divisional Officer Thiruvallur District.

4.The Thasildar Uthukottai Taluk Thiruvallur District.

5.Karunamoorthy 6.Marimuthu 7.Elumalai.

.... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, forbearing the respondent particularly the third respondent from taking any coercive action with pursuant to the order passed by the third respondent in Na.Ka.No.3437/2024/A6 dated 31.07.2024 in respect of property in Survey No.129/3E, measuring an extent of 1076 sq.ft., situated at K.R.Kandigai Village, Rallapaadi Village, Uthukottai Taluk, Thiruvallur District, pending disposal of the Appeal in No.2428272/N2/2024 before the second respondent.

For Petitioner :

Mr.G.Mohammed Aseef For Respondents :

Mr.P.Sathish Additional Government Pleader for R1 to R4

ORDER

This writ petition has been filed for issue of Writ of Mandamus forbearing the third respondent from taking any coercive steps pending the appeal before the second respondent in A.No.2428272/N2/2024/A6, dated 28.08.2024.

2. Heard Mr.G.Mohammed Aseef, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for respondents 1 to 4.

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3. The third respondent while passing the order dated 31.07.2024, apart from directing the revenue records to be restored to its original position, also directed removal of the gate which prevented the usage of property as a pathway. Aggrieved by the same, the petitioner filed an appeal before the second respondent and the same is pending. While the appeal was pending, steps were taken to remove the gate and the same impelled the petitioner to file the present writ petition before the Court.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the second respondent to deal with the appeal filed by the petitioner in A.No.2428272/N2/2024/A6, dated 28.08.2024, after affording an opportunity to respondents 5 to 7 and pass final orders within a period of eight weeks from the date of receipt of a copy of this order. Till final orders are passed by the second respondent, no coercive steps shall be taken and the present status quo shall be maintained.

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5. This writ petition is disposed of with the above terms. No costs. Consequently, connected miscellaneous petition is closed. 01.04.2025 Index : Yes/No Speaking Order/Non-Speaking Order ds To:

1.The District Collector Thiruvallur District.

2.The District Revenue Officer Thiruvallur District.

3.The Revenue Divisional Officer Thiruvallur District.

4.The Thasildar Uthukottai Taluk Thiruvallur District.

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N. ANAND VENKATESH., J ds 01.04.2025 5/5