S.Shanmugam, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.8606 of 2015 and M.P. No.1 of 2015 S. Shanmugam G. Anna Durai J.V. Muthu B. Sivalingam Harikrishnan Renugadevi V. Neduncheziyan Y. Suresh Petitioners vs.

The Government of Tamil Nadu represented by its Secretary to Government Revenue Secretary Fort St. George Secretariat Chennai 600 009 The Additional Chief Secretary/ Commissioner of Land Administration Ezhilagam Chepauk, Chennai 600 005 The District Collector Kancheepuram District Kancheepuram The Tahsildar Sholinganallur Taluk Sholinganallur Kanchipuram District

Pon. Thangavelu Secretary Rajan Nagar and Selva Nagar Welfare Association 2/214A, II Street Rajan Nagar Enjambakkam Chennai 600 115 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to re-classify in Enjambakkam Village S.No.253/2, Cart Track Poramboke into Anatheenam Poramboke as per Revenue Standing Order 26 Rule 11 and to consider the assignment of house site patta or alternative site in favour of the petitioners.

For petitioners Mr. R. Margabandhu For RR 1-4 Mr. P.S. Sivashanmugasundaram Special Government Pleader - - - - -

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, takes notice for respondents 1 to 4. With the consent of the learned counsel for the petitioner and the learned Special Government Pleader appearing for respondents 1 to 4, this writ petition is taken up for final disposal, at the admission stage itself, without issuing notice to the fifth respondent.

This writ petition is filed seeking a writ of mandamus directing the first respondent to re-classify the Cart Track Poramboke in S.No.253/2 in Enjambakkam Village into Anatheenam Poramboke, as per Revenue Standing Order 26 Rule 11 and to consider the assignment of house site patta or alternative site in favour of the petitioners.

The case of the petitioners before us is that as against the order dated 27.02.2015 passed by the second respondent in Roc.T1/26353/2012 dated 27.02.2015, the petitioners have preferred a revision petition before the State Government under Section 10-A(1) (C) of the Tamil Nadu Land Encroachment Act, 1905 (for short "the Act"). Along with the revision petition, the petitioners have filed an application for stay as well under the provisions of Section 10-B of the Act.

The petitioners seek a direction by this Court to the State Government for disposal of the revision petition, expeditiously and also grant of interim relief, till the disposal of the revision petition.

Under Section 10-B of the Act, there is a provision to grant interim relief, pending decision in the revision petition to be exercised by the revisional authority, i.e., the State Government and in that event, when the revision as well as application for stay is pending consideration, we are of the view that the writ petition is not maintainable.

The learned Special Government Pleader appearing for respondents 1 to 4 submits that the petitioners' application for interim relief shall be considered expeditiously. Having regard to the fact situation of the case, as aforestated, we are of the considered opinion that a direction may be issued to the revisional authority to consider the application for stay within a period of two weeks and it is accordingly ordered. For a period of two weeks, status quo as obtained today, in respect of the property in question, shall be maintained. The revisional authority is further directed to consider and decide the revision petition in accordance with law and on its own merits within the statutory period as prescribed under law.

The writ petition stands disposed of with the above directions. No costs. Connected Miscellaneous Petition is closed. cad -s/d- Assistant Registrar( ) Dt:26/03/2015 True Copy Sub-Assistant Registrar To The Revenue Secretary Government of Tamil Nadu Fort St. George Secretariat Chennai 600 009 The Additional Chief Secretary/ Commissioner of Land Administration Ezhilagam Chepauk, Chennai 600 005 The District Collector Kancheepuram District Kancheepuram

The Tahsildar Sholinganallur Taluk Sholinganallur Kanchipuram District + 4 ccs to M/s.R.Margabandhu, Advocate SR 16579 + 1 cc to the Government Pleader SR 17021 (co) prk26/3 W.P. No.8606 of 2015