K.Sankar v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No. 12714 of 2022 and WMP.Nos.12176 & 12179 of 2022 1.K.Sankar 2.M.Kannan 3.V.Ranganathan 4.E.Kumari 5.E.Subramani 6.C.Lakshmi 7.P.Kamala 8.M.Saroja 9.K.Shozhan 10.V.Veeran 11.M.Jayabal 12.V.Ezhumalai 13.N.Murugesan 14.Venda
...Petitioners
-vs1. The Commissioner of Land Administration Ezhilagam, Chepauk, Chennai- 600 005.
2. The District Collector, Office of District Collector, Villupuram, Villupuram District.
3. The Tahsildar, Office of Tahsildar, Melmalayanur Town & Taluk, Villupuram District.
4. The Block Development Officer, Office of BDO, Melmalayanur Town & Taluk, Villupuram District.
...Respondents
Prayer: Writ Petition filed under Article 226 of constitution of India seeking for a issuance of Writ of Mandamus directing the 1st Respondent to consider and pass orders on the Revision dated 26.04.2022 filed by the Petitioners against the order of the District Collector, Villupuram District bearing Na.Ka.(Aa5)/ 8896/2022 dated 07.04.2022 whereby confirming the Notice dated 17.02.2022 issued under Section 7 of the Tamil Nadu Encroachment Act, 1905 issued by the Block Development Officer, Melmalayanur Town & Taluk, Villupuram District and consequently grant Patta to the petitioners with regard to their respective houses. For Petitioner :
Mr.V.R.Appaswamee For Respondents :
Mr.J.Ravindran Additional Advocate General assisted by Mr.D.Ravichander Special Government Pleader
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN., J) This Writ petition has been filed seeking a direction to the 1st Respondent to consider and pass orders on the Revision dated 26.04.2022 filed by the Petitioners against the order of the District Collector, Villupuram District bearing Na.Ka.(Aa5)/ 8896/2022 dated 07.04.2022 whereby confirming the Notice dated 17.02.2022 issued under Section 7 of the Tamil Nadu Encroachment Act, 1905 issued by the Block Development Officer, Melmalayanur Town & Taluk, Villupuram District and consequently grant Patta to the petitioners with regard to their respective houses.
2. Heard the learned counsel for the petitioner and the learned Additional Advocate General appearing for the Respondents.
3. It is seen that the Petitioners have suffered an adverse order at the hands of the Tahsildar, the 3rd Respondent herein. Aggrieved by the same, the Petitioners have filed an Appeal before the 2nd Respondent.
That was also dismissed.
Challenging the same, the Petitioners moved the First Respondent by way of Revision and the same is pending. The apprehension of the Petitioners is that since no interim order has been granted by the 1st Respondent, the 3rd Respondent may enforce the order of removal of encroachment in the meanwhile, and thereby render the revision infructuous.
4. We direct the First Respondent to dispose of the Revision on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. Till
the disposal of the Revision, the order impugned in this Petition will not be given effect to.
5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Vacation Officer //True Copy// Sub Assistant Registrar arr/nv To 1.The Commissioner of Land Administration Ezhilagam, Chepauk, Chennai- 600 005.
2.The District Collector, Office of District Collector, Villupuram, Villupuram District.
3.The Tahsildar, Office of Tahsildar, Melmalayanur Town & Taluk, Villupuram District.
4.The Block Development Officer, Office of BDO, Melmalayanur Town & Taluk, Villupuram District.
+1cc to Mr.V.R.Appaswamee, Advocate SR. No. 31499 +1cc to Government Pleader SR. No. 31509 W.P.No. 12714 of 2022 RR (CO) PR (20/05/2022)