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Madras High CourtWP/17154/2024disposed of

M.M.Subramaniyam v. The District Collector

2024-07-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR M.M.Subramaniyam .. Petitioner Vs 1.The District Collector Namakkal District District Collectorate Namakkal 2.The District Revenue Officer Namakkal District District Collectorate Building Namakkal 3.The Revenue Divisional Officer Tiruchengode Namakkal District 4.The Tahsildar Paramathy Velur Taluk Namakkal District 5.The Revenue Inspector Paramathy Velur Taluk Namakkal District 1/4

6.The Village Administrative Officer Paramathi Village Paramathy Velur Taluk, Namakkal District 7.Sakthivel .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to consider and dispose of the appeal dated 06.09.2023 filed by the petitioner in Na.Ka.No.37935/2023/O2 pending on the file of the 2nd respondent. For Petitioner : Mr.T.L.Thirumalaisamy For R1 to R6 : Mr.A.Selvendran Special Government Pleader

O R D E R

Seeking a direction to the 2nd respondent to dispose of the appeal dated 06.09.2023 filed by the petitioner in Na.Ka.No.37935/2023/O2, this writ petition has been filed.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 6 and perused the materials placed on record.

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3. It is the grievance of the petitioner that the patta No.1802 granted in his favour, was cancelled by the 3rd respondent on 05.08.2023, against which, the appeal filed by him before the 2nd respondent on 06.09.2023 is pending. Hence, the present writ petition.

4. The learned counsel for the petitioner submitted that in the meanwhile, the 5th respondent has issued show cause notice dated 09.05.2024 to the petitioner under Section 7 of the Tamil Nadu Encroachment Act, 1905.

5. Considering the limited relief sought in this writ petition, the 2nd respondent is directed to dispose of the petitioner's appeal dated 06.09.2023 and pass appropriate orders on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. Since the said appeal is pending, further action shall be taken on the petitioner, after the disposal of the appeal.

With the above direction, this writ petition is disposed of. No costs. 03.07.2024 gya Index : Yes/No 3/4

N.SATHISH KUMAR, J.

gya To 1.The District Collector Namakkal District District Collectorate Namakkal 2.The District Revenue Officer Namakkal District District Collectorate Building Namakkal 3.The Revenue Divisional Officer Tiruchengode Namakkal District 4.The Tahsildar Paramathy Velur Taluk Namakkal District 5.The Revenue Inspector Paramathy Velur Taluk Namakkal District 6.The Village Administrative Officer Paramathi Village Paramathy Velur Taluk, Namakkal District 03.07.2024 4/4