B.Kasthuri v. The Additional Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR B.Kasthuri ... Petitioner Vs.

1. The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Kancheepuram, Kancheepuram District.

3. The District Collector, Chennai District, Chennai.

4. The District Revenue Officer, Office of the District Revenue Officer, Kancheepuram District.

5. The Tahsildar, Sholinganallur Taluk, Sholinganallur, Chennai.

6. The Revenue Inspector, Pallikaranai Firka,

Saidapet Taluk, Tambaram.

7. Mr.Ganesh Kumar

8. Mrs.Sakunthala

9. Mrs.Balkis

10. Mr.Rafiq ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by respondents 7 to 11 in S. No.70, Pallikaranai Village, Sholinganallur.

For Petitioner : Mrs.N.R.Jasminepadma For R1 to R6 : Mr.A.Selvendran, Special Government Pleader For R7 to R10 : Mr.K.Sakthivel

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) With reference to the relief sought for in the present Writ Petition for removal of encroachments in S. No.70, Pallikaranai Village, Sholinganallur Taluk, the learned counsel for the 10th respondent, Mr.Sakthivel brought to the notice of this Court that an appeal preferred under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 is pending before the District Collector. Thus, the parties are at liberty to adjudicate the issues before the District Collector in the pending appeal instituted under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. The 3rd respondent/ District

Collector, Chennai is directed to adjudicate the issues by affording opportunity to all the parties and verify the revenue records and pass appropriate final orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

2. With this direction, the Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.S.,J.) (K.R.S.,J.) 08.03.2024 skr Index : Yes Speaking order To

1. The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Kancheepuram, Kancheepuram District.

3. The District Collector, Chennai District, Chennai.

4. The District Revenue Officer, Office of the District Revenue Officer, Kancheepuram District.

5. The Tahsildar,Sholinganallur Taluk, Sholinganallur, Chennai.

6. The Revenue Inspector,Pallikaranai Firka, Saidapet Taluk, Tambaram.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr 08.03.2024