Thangavel v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Thangavel .. Petitioner versus 1.The District Collector, Dharmapuri District.

2.The Tahsildar, Tahsildar office, Dharmapuri District.

3.The Revenue Inspector, Revenue Inspector Office, Krishnapuram, Dharmapuri District ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus bearing the respondents from taking any coercive action or demolish the house and cow shed in S.No.43/1A at Kuliyanur, Vathamalai, Dharmapuri Taluk, Dharmapuri District until the first respondent to pass appropriate orders after giving personal hearing on the representation/appeal dated 12.06.2023.

For the Petitioner :

Mr.R.Thirumoorthy For the Respondents :

Mr.P.Muthukumar, State Government Pleader

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.R.Thirumoorthy, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for the respondents.

2.

Mr.P.Muthukumar, learned State Government Pleader, submits that the petitioner has already approached the appellate authority under Section 10 of the Tamil Nadu Land Encroachment Act.

3. Provision exists for filing stay petition in the appeal itself. The petitioner is at liberty to file a stay petition, which the first respondent/District Collector, Dharmapuri District may consider on its own merits.

4. With this observation, the Writ Petition is disposed of. There

will be no order as to costs. Consequently, WMP No.19940 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 13.07.2023 Index : yes/no : Yes/No tar To:

1.The District Collector, Dharmapuri District.

2.The Tahsildar, Tahsildar office, Dharmapuri District.

3.The Revenue Inspector, Revenue Inspector Office, Krishnapuram, Dharmapuri District

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 13.07.2023