Mrs.Amutha v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2019 CORAM :
The Hon'ble Mrs.VIJAYA.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.21272 of 2019 and W.M.P.No.20479 of 2019 Amutha .. Petitioner -vs1.The District Collector, Villupuram District, Villupuram.
2.The Tahsildar, Sankarapuram Taluk, Villupuram District.
3.Block Development Officer (Panchayats), Rishivandhiyam Panchayat Union, Pagandai Koottu Road, Sankarapuram Taluk, Villupuram District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to consider and pass orders on the petitioner's application dt.09.07.2019 for interim order, filed along with the appeal against the notice dt.30.06.2019 issued by the 3rd respondent, within a reasonable time to be fixed by this Court.
For Petitioner :
Mr.Neelakandan for Mr.C.Mahendran For Respondents :
Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.).
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O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.), who takes notice for the respondents. 2.The case of the petitioner is that he received a notice dated 17.06.2019 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The notice relates to encroachment of land in S.No.137/12, Thiruvarangam Village, Sankarapuram Taluk. Being aggrieved by the said notice, the petitioner preferred an appeal on 09.07.2019 before the first respondent / District Collector, Villupuram District. The petitioner also preferred an application for stay in the said appeal on the same date, i.e., 09.07.2019. 3.The grievance of the petitioner is that though the appeal and the stay application were preferred on 09.07.
2019, till today, neither the appeal nor the stay application has been decided. The petitioner apprehends that if no order is passed in the stay application, action may be taken by the authorities against his building, hence, she seeks a direction to dispose of the stay application within a reasonable time.
4.In view of the limited prayer sought for by the petitioner, we direct the first respondent, District Collector, Villupuram District, to dispose of the stay application preferred by the petitioner on 09.07.2019 within a period of two weeks from the date of receipt of a copy of this order.
The writ petition is disposed of with the above observation. No costs. Consequently, W.M.P.No.20479 of 2019 is closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sra
To 1.The District Collector, Villupuram District, Villupuram.
2.The Tahsildar, Sankarapuram Taluk, Villupuram District.
3.Block Development Officer (Panchayats), Rishivandhiyam Panchayat Union, Pagandai Koottu Road, Sankarapuram Taluk, Villupuram District.
+1cc to Mr.C.Mahendran , Advocate SR.No. 62481 +1cc to Mr.V.Jayaprakash , Advocate SR.No. 63328 W.P.No.21272 of 2019 spd (CO) A.SK(19/08/2019)