D.Sukhi Bai v. The Disrict Collectdor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI D.Sukhi Bai ..
Petitioner Vs.
1. The District Collector Tiruvannamalai-Kanchipuram Road Thaiyar Kullam, Kanchipuram Tamil Nadu 631 501.
2. The Revenue Inspector Kolapakkam Circle, Kundrathur Kanchipuram District.
3. The Tahsildar Mehta Nagar Main Road Kundrathur, Chennai Tamil Nadu 600 069.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for the records of the 3rd respondent with respect to the notice dated 16.08.2024 issued by the 3rd respondent under Section 6 of the Tamil
Nadu Land Encroachment Act, 1905 and consequently, quash the same as illegal, invalid, arbitrary and non-est in the eyes of law and consequently, forbear the respondents from evicting the petitioner from the property admeasuring.
For the Petitioner : Mr.Nitheyesh Natraj For Mr.Anirudh A.Sriram For the Respondents : Mr.A.Edwin Prabakar State Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner challenges the notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
2. According to the petitioner, notice was served on the petitioner in respect of the property in S.No.44/9. But, the petitioner is in possession of the land in S.No.18/10 and therefore, the petitioner has nothing to do with the property in question and also with the action initiated by the authorities concerned under the Act of 1905.
3. Learned State Government Pleader submits that the petitioner has filed an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and the same is pending. In the meantime, the petitioner has approached this Court seeking interim protection and the same was granted at the time of admission. According to learned State Government Pleader, S.No.44/9 is equivalent to S.No.18/10.
4. All these disputed questions of fact have to be decided by the appellate authority.
5. In view of the above, we are inclined to pass the following order:
(i) The first respondent is directed to dispose of the appeal filed by the petitioner within a period of eight weeks from the date of receipt of a copy of this order; and (ii) Till such time, the respondents shall not take any coercive steps against the petitioner.
6. The writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.27582 and 27583 of 2024 are closed.
(D.K.K., ACJ.) (P.B.B., J.) 11.09.2024 Index :
Yes/No Yes/No kpl To
1. The District Collector Tiruvannamalai-Kanchipuram Road Thaiyar Kullam, Kanchipuram Tamil Nadu 631 501.
2. The Revenue Inspector Kolapakkam Circle, Kundrathur Kanchipuram District.
3. The Tahsildar Mehta Nagar Main Road Kundrathur, Chennai Tamil Nadu 600 069.
D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.
(kpl) 11.09.2024