Aruldoss v. The State Rep. By

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 WP No. 19560 of 2025 and WMP No. 21885 OF 2025 ARULDOSS, S/o. Marimuthu, No.9/321, Kamarajar Cross Street, Agaramthen, Tambaram Taluk, Chennai-600 126.

Petitioner(s) Vs

1. The State Rep. By The District Collector, O/o. District Collector Office, Chengalpattu District.

2.The District Revenue Officer O/o District Revenue Office, Chengalpattu District.

3.The Tahsildar, Tahsildar Office, Tambaram, Chengalpattu District.

4.The Revenue Inspector Revenue Inspector Office, Madampakkam, Tambaram Taluk, Chengalpattu District.

Respondent(s) 1/4

PRAYER: Writ petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus forbearing the Respondents from taking coercive action on the Church property land situated in Survey No.194/11 at No.17, Agaramthen, Tambaram Taluk, Chennai-600 126 until the 1 st Respondent pass appropriate orders on the interim application for stay after giving personal hearing to the petitioner filed under Section 10-B of Tamil Nadu Land Encroachment Act, 1905 in the Appeal presented on 20.05.2025 pending on the file of the 1 st Respondent.

For Petitioner(s):

Mr.NGR.Prasad for Mr.R.Thirumoorthy For Respondent(s):

Mr.S.J.Mohammed Sathik Government Advocate

ORDER

(Order of the Court was made by Senthilkumar Ramamoorthy J) The petitioner seeks a direction to restrain the respondents from taking coercive action in respect of the Church property described in the petition. Against an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner states that an appeal under Section 10 of the Act accompanied by the Stay petition under Section 10(B) thereof was filed. It is also stated that no orders have been passed thereon. 2/4

2.

Mr.S.J.Mohammed Sathik, learned Government Advocate, accepts notice for respondents 1 to 4. On instructions, he submits that the stay application would be considered and disposed of within 15 days. 3.

In these facts and circumstances, without going into the merits of the matter, this writ petition is disposed of on the following terms: (a) The 1 st respondent is directed to consider and dispose of the stay application in the appeal filed by the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act within 15 days from the date of receipt of a copy of this order.

(b) Until such time, the respondents are restrained from taking any coercive action.

Consequently, the connected miscellaneous petition is closed. No costs. (S.K.R.,J.) (T.V.T.S.,J.) 28-05-2025 rka/sai Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/4

SENTHILKUMAR RAMAMOORTHY J.

AND T.V.THAMILSELVI J.

rka/sai To

1. The State Rep. By The District Collector, O/o. District Collector Office, Chengalpattu District.

2.The District Revenue Officer O/o District Revenue Office, Chengalpattu District.

3.The Tahsildar, Tahsildar Office, Tambaram, Chengalpattu District.

4.The Revenue Inspector Revenue Inspector Office, Madampakkam, Tambaram Taluk, Chengalpattu District.

WP No. 19560 of 2025 and WMP NO. 21885 OF 2025 28-05-2025 4/4