R.Boobathi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2015

CORAM

THE HON'BLE Mr. JUSTICE K.K.SASIDHARAN and THE HON'BLE Mr. JUSTICE G.CHOCKALINGAM W.P.Nos.30173 to 30180 of 2015 and M.P.No.1 of 2015 (8 Nos.) R.Boobathi ..Petitioner in WP.No.30173/15 P.Pandiyan ..Petitioner in WP.No.30174/15 K.Saravanan ..Petitioner in WP.No.30175/15 P.Chinnappa ..Petitioner in WP.No.30176/15 V.Thangamani ..Petitioner in WP.No.30177/15 S.Nirmala ..Petitioner in WP.No.30178/15 P.Karunanidhi ..Petitioner in WP.No.30179/15 R.Ganesan ..Petitioner in WP.No.30180/15 Vs.

1.The Tahsildar, Chengalpattu Taluk, Kancheepuram District.

2.The Revenue Inspector, Kattankolathur, Chengalpet Taluk, Kancheepuram District.

3.The District Collector, Kancheepuram District.

..

Respondents in all WPs Prayer in W.P.No.30173 To 30180/15:

Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the third respondent to pass orders on the Stay Petition dated 15.06.2015 in the Appeal dated 15.06.2015 filed by the petitioner before the third respondent, and to grant ad interim stay till then and also to dispose the Appeal dated 15.06.2015 as expeditiously as possible.

For Petitioner ..

Mr.R.Ramesh in all the W.Ps For Respondents ..

Ms.A.Srijayanthi, Spl. Govt. Pleader in all the W.Ps COMMON ORDER (Order of the Court was made by K.K.SASIDHARAN, J.) The petitioners have challenged the eviction orders passed by the statutory authority under the provisions of the Tamil Nadu Land Encroachment Act. The impugned orders were passed on 27.05.2015 by the first respondent. The petitioners, well before the statutory period of limitation, filed individual statutory appeals before the third respondent. The appeals were filed on 15.06.2015. The petitioners have also filed stay petitions before the appellate authority to grant stay during the currency of the statutory appeals. It is the grievance of the petitioners that follow up action was not taken by the third respondent. The petitioners are therefore before this Court.

2.Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader on behalf of the respondents. 3.The documents available on record indicate that the petitioners have filed appeals on 15.06.2015 along with stay petitions.

4.The learned Special Government Pleader, on instructions, submitted that the stay petitions would be taken up by the third respondent and disposed of as expeditiously as possible. 5.The third respondent is directed to consider and dispose of the stay petitions on its own merits and as per law. Such exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. Status quo as on today shall be maintained in the meantime.

6.The writ petitions are disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. -s/dAssistant Registrar(CSIII) dt:09/10/2015 True Copy Sub-Assistant Registrar

To 1.The Tahsildar, Chengalpattu Taluk, Kancheepuram District.

2.The Revenue Inspector, Kattankolathur, Chengalpet Taluk, Kancheepuram District.

3.The District Collector, Kancheepuram District.

+1 cc to M/S.Srinath Sridevan Advocate sr.52557 to 52564 +1 cc to the Government Pleader High Court Madras sr.52269 W.P.Nos.30173 to 30180 of 2015 ala(co) aa12/10/2015