V.Thiyagaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NOS.19455 AND 19485 OF 2021 AND W.M.P.NOS.20746 & 20786 V.Thiyagaraj ... Petitioner in W.P.No.19455 of 2021 Muneer Ahamed Khan ... Petitioner in W.P.No.19485 of 2021
Versus
1. The District Collector, Thiruvallur District, Thiruvallur.
2. The Tahsildar, Avadi Taluk, Chennai.
3. The Revenue Inspector, Vellanur Sub-Taluk, Avadi Taluk, Chennai.
.. Respondents in both the petitions COMMON PRAYER:- Writ Petitions are filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 from not taking any coercive action till final orders is passed based on the representations of the petitioners, dated 03.09.2021 made in reply to the proceedings No.U.Ma.No.147 of 2021, dated 18.08.2021. For petitioner : M/s.Neela Narayani (in both the petitions) For respondents : Mrs.Akila Rajendran (in both the petitions)
COMMON ORDER (The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petitions are heard through video conferencing.
2. The petitioners have come forward with these Writ Petitions for issuance of a Writ of Mandamus, directing the respondents 1 to 3 from taking any coercive action till final order is passed on their representations, dated 03.09.2021.
3. It is case of the petitioners that they purchased Plot No.65 in Survey No.556/2 and Plot No.72 in Survey No.565/11, respectively for a valid sale consideration and they have been in possession of the property for quite some time. Though the third respondent issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, it is alleged that they are pressuring the petitioners to handover the possession of the land in their occupation.
4. The learned Government Counsel appearing for the respondents Mrs.Akila Rajendran, on instruction would state that the land in question has been assigned for establishment of Central Siddha Research Institute and for quite some time, the authorities have been requesting the petitioners to vacate the place. Now, notice has been issued under Section 7 of the Tamil Nadu Land Encroachment Act, for which, the petitioners also submitted reply. The respondents are ready to consider the representations of the petitioners and pass orders.
5. In the light of the facts and circumstances of the case, these Writ Petitions are disposed of, directing the respondents to pass orders on the representation of the petitioners within a period of four weeks from the date of receipt of a copy of this order, after providing ample opportunity to the petitioners. Till then, there shall be an order of status-quo. The petitioners are directed to cooperate for disposal of the representations in the time frame.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pvs
To 1.
The District Collector, Thiruvallur District, Thiruvallur.
2.
The Tahsildar, Avadi Taluk, Chennai.
3.
The Revenue Inspector, Vellanur Sub-Taluk, Avadi Taluk, Chennai.
+2ccs to M/s.Neela Narayani, Advocate, S.R.Nos.46801 & 40802 +1cc to the Government Pleader, S.R.Nos.47212 & 47213 W.P.NOS.19455 AND 19485 OF 2021 SJ(CO) PBS/29/10/2021