Madras High CourtWP/19382/2025disposed of

Dhanasekar v. The District Collector

2025-05-28Honourable Mr Justice Senthilkumar Ramamoorthy,Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025 CORAM :

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY and THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI and W.M.P.No.21635 of 2025 Dhanasekar ... Petitioner Vs.

1.The District Collector Krishnagiri District Krishnagiri 2.The Tahsildar Krishnagiri Taluk Krishnagiri District 3.The Revenue Inspector Kaveripattinam Revenue Village Krishnagiri District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st respondent to dispose of the Stay application in statutory appeal filed by the petitioner on 30.12.2024 against the Notice dated 25.07.2024 issued under Section 6 of the Tamilnadu Land Encroachment Act, 1905, issued

by the 2nd respondent pending disposal of the above writ petition within a stipulated time that may be fixed by this Court. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.S.J.Mohammed Sathik Government Advocate - R1 to R3

ORDER

(Order of the Court was made by SENTHILKUMAR RAMAMOORTHY, J.) By this writ petition, the petitioner seeks a direction to the 1st respondent to dispose of the stay application in the statutory appeal within a specified period.

2.After issuing notice under Section 7 of the Tamilnadu Land Encroachment Act, 1905, an order under Section 6 thereof was issued on 25.07.2024. The said order was appealed against by the petitioner under Section 10 of the said enactment. The petitioner also lodged a stay application dated 30.12.2024.

3.Mr.S.J.Mohammed Sathik, learned Government Advocate

accepts notice on behalf of the respondents. On instructions, he states that the stay application would be disposed of within fifteen days from the date of receipt of a copy of this order.

4.In view of the said submissions, this writ petition is disposed of on the following terms:

i. The 1st respondent is directed to dispose of the stay application in the statutory appeal filed by the petitioner within fifteen (15) days from the date of receipt of a copy of this order. ii. Until such time, the respondents are restrained from taking coercive action against the petitioner pursuant to the order under Section 6 of the Tamilnadu Land Encroachment Act, 1905. No costs. Consequently, connected miscellaneous petition is closed.

[S.K.R, J.] [T.V.T.S, J.] 28.05.2025 kas Index: Yes / No

SENTHILKUMAR RAMAMOORTHY, J.

AND T.V.THAMILSELVI, J.

kas To.