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Madras High CourtWP/30654/2016disposed of

Vijaya v. The Commissioner Of Land

2016-09-02Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 2.9.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.30654 of 2016 and W.M.P.No.26557 of 2016 Tmt.Vijaya Petitioner

Versus

1 The Commissioner of Land Administration Chepauk Chennai-600 005.

2 The Collector Dharmapuri District Dharmapuri 3 The Tahsildar Harur Dharmapuri District Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to pass orders on the Stay Application filed U/s.10-B of the Tamil Nadu Land Encroachment Act filed along with the Revision Petition preferred by the petitioner U/s.10-A of the Tamil Nadu Land Encroachment Act dated 2.6.2016 against the proceedings of the 2nd respondent in Na.Ka.23758/2015 Tha.3 dated 25.4.2016.

For petitioner : Mr.S.Doraisamy For Respondents : Ms.M.Lalitha, Govt. Advocate

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the petitioner and Ms.M.Lalitha, Learned Government Advocate, who takes notice on behalf of the respondents.

2. The writ petition has been filed seeking issuance of a writ of mandamus directing the 1st respondent to pass orders on the Stay Application filed U/s.10-B of the Tamil Nadu Land Encroachment Act filed along with the Revision Petition preferred by the petitioner U/s.10-A of the Tamil Nadu Land Encroachment Act dated 2.6.2016 against the proceedings of the 2nd respondent in Na.Ka.23758/2015 Tha.3 dated 25.4.2016. https://hcservices.ecourts.gov.in/hcservices/

3. It appears that the petitioner has been in occupation of the Government poramboke land in question for a long time and now, she faces the eviction proceedings under the Tamilnadu Land Encroachment Act. The appeal filed by the petitioner challenging the eviction proceedings also seems to be dismissed. A revision alongwith stay petition has been filed by the petitioner before the first respondent and the same is pending. Now, the petitioner seeks for a direction for disposal of the same.

4. Considering the limited scope of the relief sought for in the writ petition, the first respondent is directed to consider the revision petition alongwith the stay petition filed by the petitioner, within a period of two months, after hearing the writ petitioner, on merits and in accordance with law, within a period of two months from the date of receipt of copy of this order. Till then, status quo shall be maintained by the parties. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To:

1 The Commissioner of Land Administration Chepauk Chennai-600 005.

2 The Collector Dharmapuri District Dharmapuri 3 The Tahsildar Harur Dharmapuri District +1 cc to M/s.S.Doraisamy,advocate,sr.49975 +1 cc to Govt.Pleader,sr.50503 ala(cO) krd 27/9 W.P.No.30654 of 2016 https://hcservices.ecourts.gov.in/hcservices/