Mari v. The State Rep By The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P No.14273 of 2025
1. Mari S/o.Vediyappan
2. Palani S/o.Vediyappan
3. Perumal S/o.Vediyappan
4. Chinnapaiyan S/o.Vediyappan
5. Madhappan S/o.Vediyappan
6. Arumugam S/o.Krishnan 7.Sathiyavani W/o.Chidambaram ... Petitioners vs.
The State rep. by Page Nos.1/20
1. The District Collector O/o.District Collector Office Krishnagiri District
2. The District Revenue Officer O/o.District Revenue Office Krishnagiri District
3. The District Divisional Officer Krishnagiri Division Krishnagiri
4. The Tahsildar Pochampalli Tahsildar Office Krishnagiri District
5. The Block Development Officer Bargur Block Development Office Krishnagiri District
6. The Village Administrative Officer Valasagoundanoor Village, Administrative Office Pochampalli Taluk Krishnagiri District ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from taking coercive action by destroying the agricultural land at Survey No.S.F.No.335B/3 at Thimmnaickanpatty, Pochampalli Taluk, Krishnagiri District until the first respondent to pass appropriate orders after giving personal hearing to them on the Appeal No.3458/2025H3 dated 31.01.2025 along with interim application filed thereon under Section 10(a) and 10.B of Tamil Nadu Land Encroachment Act, 1905.
For Petitioner :
Mr. T.Elumalai Page Nos.2/20
For Respondents :
Mr.M.S.Arasakumar Govt. Advocate for R1 to R4 & R6 Mr.T.K.Saravanan Additional Govt. Pleader for R5
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 08.04.2025, which reads as follows:
'W.P.No.12671 of 2025 and W.M.P. No.14273 of 2025 M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR, J.) There is a statutory appeal under Section 10 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. This appeal is dated 30.01.2025. There is a stay petition seeking stay of the impugned order (order dated 08.01.2025 bearing reference Na.Ka.No.09 made by R4). This stay petition is dated 03.02.2025. Considering the nature of the prayer, stay prayer appears to be one under Section 10-B of said 1905 Act. There is no acknowledgment either for the appeal or for the stay petition. Mr.T.Elumalai, learned counsel for writ petitioner submits that it was handed over in person in the office of R1.
2. Issue notice to respondents.
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3. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for respondents and requests for time to get instructions as to whether the appeal and stay petition were received in the office of R1.
4. List tomorrow in the Admission Board i.e., Motion List under the cause list caption 'ADJOURNED ADMISSION'.
5. List on 09.04.2025.'
2. Today, Mr.T.Elumalai, learned counsel for writ petitioner, Mr.M.S.Arasakumar, learned Government Advocate for R1 to R4 and R6 and Mr.T.K.Saravanan, learned Additional Government Pleader for R5 are before us.
3. Learned State counsel adverting to the earlier proceedings dated 08.04.2025, submits that he has since obtained instructions and the instructions are to the effect that the appeal as well as the stay petition adverted to in our 08.04.2025 proceedings has been received in the office of R1.
4. For the sake of specificity, we deem it appropriate to reproduce this aforeferred appeal as well as the stay petition as placed before us and the same are as follows:
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5. Learned State counsel submits, on instructions, that R1 will dispose of the afore-referred stay petition as expeditiously as the business of R1 permits but in any event within three weeks from today i.e., on or before 30.04.2025. This submission of learned State counsel is recorded as an undertaking given to this Court.
6. The orders made by R1 in the stay petition shall be served on the writ petitioner under due acknowledgement within five working days from the date on which the order is made. It is made clear that coercive action (if any and if that be so) will be subject to and depending on the orders in the stay petition to be made by R1.
7. This Court deems it appropriate to write for the sake of specificity and clarity that no time frame has been fixed for the disposal of the main appeal by R1 as that would depend entirely on the other official business of R1. Learned counsel for writ petitioner fairly submits that the aforementioned recording of the stated position of the learned State counsel and observation regarding coercive action, if any and if that be so, douses the anxiety of the writ petitioner.
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Ergo, the sequitur is captioned writ petition is disposed of in the aforesaid manner with the aforesaid directives and observations. Consequently, aforementioned WMP thereat is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 09.04.2025 Index: Yes/No Speaking order/Non-speaking order gpa Page Nos.18/20
To
1. The District Collector O/o.District Collector Office Krishnagiri District
2. The District Revenue Officer O/o.District Revenue Office Krishnagiri District
3. The District Divisional Office Krishnagiri Division Krishnagiri
4. The Tahsildar Pochampalli Tahsildar Office Krishnagiri District
5. The Block Development Officer Bargur Block Development Office Krishnagiri District
6. The Village Administrative Officer Valasagoundanoor Village, Administrative Office Pochampalli Taluk Krishnagiri District Page Nos.19/20
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 09.04.2025 Page Nos.20/20