R.Gunasekaran, v. The Appellate Authority /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28/10/2015 C O R A M THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P.No.34246 of 2015 and M.P.No.1 of 2015 R.Gunasekaran ... Petitioner Vs

1. The Appellate Authority/ District Collector Erode District Erode.

2. The Tahsildar Anthiyur Taluk Anthiyur Post Erode District.

3. The Land Revenue Inspector Anthiyur Anthiyur Post Erode District.

... Respondents Writ petition filed under Article 226 of the Constitution seeking for the issuance of a writ of mandamus to forbear the respondents from evicting the petitioner pursuant to the order passed by the second respondent in his proceedings dated 23/9/2015 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 pending disposal of appeal dated 3/10/2015 filed by the petitioner before the first respondent.

For Petitioner : Mr.B.Saravanan For Respondents : Mrs.A.Srijayanthi Special Government Pleader - - - - -

O R D E R

(Delivered by SATISH K. AGNIHOTRI,J.,) Mrs. Srijayanthi, learned Special Government Pleader, accepts notice for the respondents. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the time of admission itself. 2.

On instructions, it is submitted by the learned Special Government Pleader that the application for interim relief filed along with the appeal dated 03.10.2015 was received by the first respondent/appellate authority only on 19.10.2015 and the first respondent/ appellate authority has initiated steps to consider the interim application within a period of two weeks from the date of receipt of the said application. 3.

In view of the above submission made by the learned Special Government Pleader appearing for the respondents, it is ordered accordingly. Status quo as obtained today, in respect of the property in question, shall be maintained, till the application for interim relief is considered and decided by the first respondent/appellate authority.

The first respondent/appellate authority shall consider and pass orders on the petitioner's appeal also, within the statutory period prescribed under the provisions of law.

The writ petition stands disposed of accordingly. No costs. Connected Miscellaneous Petition is closed.

sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR ra.

To

1. The Appellate Authority/ District Collector Erode District Erode.

2. The Tahsildar Anthiyur Taluk Anthiyur Post Erode District.

3. The Land Revenue Inspector Anthiyur Anthiyur Post Erode District.

+1 CC to MR.B.Saravanan Advocate. SR.NO. 58806 +1 CC to Govt.Pleader. SR.NO. 58784 W.P. No.34246 of 2015 CO-BVR JD 06/11/2015