A.Sathiya Prakash v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Sathiya Prakash .. Petitioner

Versus

1. The District Collector Chengalpattu District Chengalpattu.

2. The Tahsildar Taluk Office, Cheyyur Taluk Chengalpattu District.

3. The Village Administrative Officer VAO Office, Pavunjur Chengalpattu District.

4. S.Anthony ... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent and others in the Government poramboke land situated in S.Nos. 170, 163/1, 163/2B, 163/3, 165/1B, 165/4A, 165/5A, 178/1 and 178/3, Pavunjur Village, Cheyyur Taluk, Chengalpattu District.

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For Petitioner : Mr. P.Saravanan For Respondents 1 to 3 : Mr. A.Selvendran Special Government Pleader For R4 : Mr.A.Murugavel

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) Heard all the parties and also perused the materials placed on record, apart from the pleadings of the parties.

2. This writ petition has been filed by the petitioner seeking for a mandamus, directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent and others in the Government poramboke lands situated in S.Nos. 170, 163/1, 163/2B, 163/3, 165/1B, 165/4A, 165/5A, 178/1 and 178/3, Pavunjur Village, Cheyyur Taluk, Chengalpattu District.

3. When the matter was taken up for consideration, the learned counsel for the petitioner submitted that with respect to the subject matter in 2/5

issue, an appeal is pending before the appellate authority, for which, the learned Special Government Pleader appearing for the respondent authorities submitted that the appellate authority shall consider and pass appropriate orders, on merits and in accordance with law, on the appeal, if any, pending before him, within a time frame to be stipulated by this court.

4. Considering the facts and circumstances of the case and having regard to the submissions so made by the learned counsel on either side, this court, without expressing any opinion on the merits of the case, directs the appellate authority to dispose of the appeal, if any, filed by the petitioner, on merits and in accordance with law, after affording an opportunity of hearing to all the necessary parties, within a period of eight weeks from the date of receipt of a copy of this order. Consequent to the order to be passed in the appeal, the respondent authorities shall proceed with the matter and remove the encroachment, if any, after following due process of law, within a period of six weeks thereafter.

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5. With the above directions, the writ petition is disposed. No costs. [R.M.D., J.] [M.S.Q., J.] 22.06.2023 Index : Yes/No Speaking/Non-Speaking Order Maya To

1. The District Collector Chengalpattu District Chengalpattu.

2. The Tahsildar Taluk Office, Cheyyur Taluk Chengalpattu District.

3. The Village Administrative Officer VAO Office, Pavunjur Chengalpattu District.

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R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

Maya Dated : 22.06.2023 5/5