K.Mohan Raj v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.26677 of 2019 K.Mohan Raj .. Petitioner Vs 1 The District Collector cum Appellate Authority District of Chennai District Collectorate Chennai - 600 001.

2 The Zonal Engineer - 8 Chennai Metropolitan Water Supply and Sewerage Board 227, II Avenue, 12th Main Road Anna Nagar Chennai - 600 040.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to dispose the petitioner's appeal filed on 04.02.2019. For Petitioner : Mr.V.Lakshminarayanan for M/s.M.Duraimurugan For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.)

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The above writ petition has been filed by the petitioner to issue a writ of mandamus directing the first respondent to dispose of the petitioner's appeal filed on 4.2.2019 challenging the notice dated 25.1.2019 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

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2. The learned counsel for the petitioner submitted that the petitioner has filed an appeal on 4.2.2019 challenging the notice issued under Section 6 of the Act along with a petition for interim stay and that during the pendency of the appeal, the authorities are trying to dispossess the petitioner from the property. In these circumstances, the learned counsel submitted that a direction may be given to the first respondent, i.e., the Appellate Authority, to dispose of the appeal and the stay petition within a time frame and till such time, the petitioner's possession may be protected.

3. The learned Government Pleader (i/c.) taking notice for the first respondent submitted that the first respondent may be directed to dispose of the stay petition within a period of two weeks from the date of receipt of a copy of this order and the main appeal dated 4.2.2019 within six weeks thereafter.

4. Recording the submission made by the learned Government Pleader (i/c.), we direct the first respondent to dispose of the stay petition within a period of two weeks from the date of receipt of a copy of this order and the main appeal within six weeks thereafter. With the above observations, the writ petition is disposed of. No costs. Consequently, W.M.P.No.26064 of 2019 is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sasi To:

1 The District Collector cum Appellate Authority District of Chennai District Collectorate Chennai - 600 001.

2 The Zonal Engineer - 8 Chennai Metropolitan Water Supply and Sewerage Board 227, II Avenue, 12th Main Road Anna Nagar Chennai - 600 040.

+1cc to Mr.M.Duraisamy , Advocate SR.No. 76730 +1 cc to Government Pleader Sr.No. 77412 W.P.No.26677 of 2019 A.SK(24/09/2019) https://hcservices.ecourts.gov.in/hcservices/