R.Rajendran v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.196 of 2016 and W.M.P. No.97 of 2016 R. Rajendran Petitioner Vs.

The District Collector Nagapattinam District Nagapattinam The Tahsildar Kuttalam Taluk The Executive Officer Kuttalam Town Panchayat Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the third respondent from evicting the petitioner and his family members from their dwelling house premises situated at 3/1, Chettiyarkoil Sannathi Street, Kuttalam Town, Kuttalam Taluk, Nagapattinam District, the land in ground of which comprised in Old Survey No.119D/30, New Survey No.734 of Kuttalam Village and Taluk, pursuant to the third respondent's eviction notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, vide his proceedings Na.Ka.No.160/2015/A1 dated 23.12.2015, till such time of the petitioner's statutory appeal dated 24.12.2015 made to the first respondent is disposed of. For petitioner Mr. S. Silambanan, Sr. Counsel for Mr. S. Rajendiran For RR 1 & 2 Mrs. A. Srijayanthi Special Government Pleader For R3 Mr. S. Pattabiraman Government Advocate

O R D E R

(made by SATISH K. AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for respondents 1 and 2. Mr. S. Pattabiraman, learned Government Advocate, accepts notice for the third

respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.

This writ petition is filed seeking a writ of mandamus forbearing the third respondent from, in any manner, evicting the petitioner or his family members from their dwelling house situated in No.3/1, Chettiyarkoil Sannathi Street, Kuttalam Town, Kuttalam Taluk, Nagapattinam District, pursuant to the eviction notice dated 23 December 2015 issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act (for short "the Act"), till the petitioner's appeal dated 24 December 2015 under consideration before the first respondent is disposed of.

From a perusal of the records, it is seen that the third respondent has issued a notice under Section 6 of the Act on 23 December 2015 Thereagainst, the petitioner has preferred an appeal before the first respondent under Section 10 of the Act on 24 December 2015, which is pending consideration. Without going into the merits of the case, we are of the considered view that if an appeal has been preferred by the petitioner as against the notice issued under Section 6 of the Act, the officers are under an obligation to consider and pass orders on the same within the statutory period prescribed under the provisions of law.

Accordingly, we direct the first respondent to consider and pass orders on the petitioner's appeal within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law. It is made clear that for a period of two weeks from today, i.e., 06 January 2016, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties. With the above direction and observation, the writ petition is disposed of. No costs. Connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar cad To The District Collector Nagapattinam District Nagapattinam The Tahsildar Kuttalam Taluk

The Executive Officer Kuttalam Town Panchayat 1 cc to Government Pleader, Sr. 576 1 cc to M/s. S. Rajendran, Advocate Sr. 133 W.P. No.196 of 2016 TEJ (CO) kk 7/1