Madras High CourtWP/26331/2025disposed of

D.Prakash v. The District Collector

2025-07-21Honourable Mr Justice M. Sundar,Honourable Mr.Justice Hemant Chandangoudar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.26331 of 2025 and W.M.P.No.29632 of 2025 D. Prakash Petitioner vs.

The District Collector O/o the District Collector Gopalapuram Coimbatore 641 018 The District Revenue Officer O/o the District Revenue Officer Coimbatore The Tahsildar Annur Taluk Annur 641 653 Coimbatore District The Land Revenue Inspector Annur North Annur Taluk Coimbatore District Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent to dispose of the statutory appeal filed by the petitioner dated 24.12.2024 along with the stay petition after giving opportunity of hearing to the petitioner in the interest of justice. Page Nos.1/4

For petitioner Mr. R. Amardeep for M/s.Tamizh Law Firm For respondents Mr. T.K. Saravanan Addl. Government Pleader

ORDER

[made by M.SUNDAR, J.] Captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) has been filed for issue of a writ of mandamus qua statutory appeal dated 24.12.2024 being statutory appeal (hereinafter 'said statutory appeal' for the sake of convenience and clarity) under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act') assailing the notice dated 27.09.2024 issued by R3 (Tahsildar) under Section 6 of said 1905 Act.

To be noted, R1 (District Collector, Coimbatore) is the Appellate Authority as regards said statutory appeal. Mr. R. Amardeep, learned counsel representing M/s.Tamizh Law Firm, learned counsel on record for writ petitioner, submits that along with said statutory appeal, an application filed under Section 10B of said 1905 Act seeking stay, is also pending. Page Nos.2/4

Issue notice to respondents.

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for the respondents and submits that the aforereferred stay petition will be disposed of by R1 within a period of three weeks from today i.e., on or before 11.08.2025. 6.

The aforesaid submission of learned State counsel is recorded. We make it clear that coercive action, if any, shall be subject to outcome of the stay petition.

Captioned WP stands disposed of in the aforesaid manner by recording the aforesaid submission made by learned State counsel. As we have held that coercive action (if any) shall be subject to/depending on the outcome of the stay petition, captioned writ miscellaneous petition thereat has become otiose and therefore, the same is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (H.C.,J.) 21.07.2025 cad Page Nos.3/4

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad To 1.