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Madras High CourtWP/13616/2022disposed of

V.Jayaraman, v. The Block Development Officer,

2022-06-01Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Mohammed Shaffiq2 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 01.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND MR. JUSTICE MOHAMMED SHAFFIQ W.P.No.13616 of 2022 and W.M.P.No.12846 of 2022 V.Jayaraman ..

Petitioner Vs The Block Development Officer (Village Panchayat) Kanai Panchayat Union Villupuram District.

..

Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records relating to the order dated 09.05.2022 issued under Section 6 of the Land Encroachment Act, 1905(Act 3 of Chennai) on the file of the respondent herein and quash the same. For Petitioner : Mr.C.Munusamy For Respondent : Mr.J.Ravindran AAG (Coordination) Assisted by Mr.A.Selvendran Special Government Pleader

ORDER

(Order of the Court was made by Hon'ble Justice M.S.RAMESH) As against the present impugned order, Section 10 of the Tamil Nadu Land Encroachment Act, 1905 provides for an appeal.

2. In view of the alternative remedy, it would not be appropriate to take up the present writ petition and adjudicate the same.

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3. Nevertheless, if the petitioner is granted a liberty to file an appeal against the present impugned order, the ends of justice would be secured.

4. In the light of the above discussion, the petitioner is granted liberty to file an appeal against the impugned order dated 09.05.2022 within a period of thirty days from the date of receipt of copy of this order. The petitioner is also at liberty to file an application seeking for interim stay of the present impugned order in the appeal. The appellate authority shall dispose of the said application within a period of three months from the date of receipt of copy of the stay application. Till such disposal, no coercive action shall be taken against the petitioner for eviction.

5. With the above direction, the Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Deputy Registrar(CS) //True copy// Sub Assistant Registrar kk/drm To The Block Development Officer (Village Panchayat) Kanai Panchayat Union Villupuram District.

+1cc to Mr.C.Munusamy, Advocate SR.No.32053 +1cc to Government Pleader SR.No.32084 W.P.No.13616 of 2022 and W.M.P.No.12846 of 2022 AK (CO) GMY(22/06/2022) https://hcservices.ecourts.gov.in/hcservices/