D.Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Writ Petition Nos.27592 & 27594 of 2022 D.Arumugam ..

Petitioner in WP No.27592/22 D.Ayyasamy ..

Petitioner in WP No.27594/22 Vs.

1. The District Collector Villupuram District.

2. The Block Development Officer (V/P) Kanai Panchayat Union Respondents in Villupuram District.

..

both WPs.

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to dispose of the petitioners' appeals dated 17.08.2022 filed against the order of the second respondent dated 11.08.2022 under Section 6 of the Tamil Nadu Land Encroachment Act, for eviction of petitioners

house property comprised in S.No.62/1, situated at Gingee Salai, T.Kosappalayam Village, Anniyur Post, Vikravandi Taluk, Villupuram District.

For the Petitioners : Mr.A.Ramalingam For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondent-1 Mr.P.Muthukumar State Government Pleader for Respondent-2

ORDER

(Made by the Hon'ble Acting Chief Justice) These writ petitions have been filed for a direction to the first respondent to dispose of the appeals preferred by the petitioners on 17.08.2022 challenging the notice issued by the second respondent dated 11.08.2022 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

2. The second respondent issued notices under Section 6 of the

Act issued for eviction of the petitioners from the house property in S.No.62/1, situated at Gingee Salai, T.Kosappalayam Village, Anniyur Post, Vikravandi Taluk, Villupuram District.

3. Learned counsel for the petitioners submitted that the impugned notices issued under Section 6 of the Act would show that the petitioners are allegedly occupying the land classified as Kuttai and therefore, the petitioners preferred appeals before the first respondent under Section 10 of the Act on 17.08.2022. He further submitted that the second respondent has no authority to issue the impugned notices. However, since the petitioners apprehend eviction, he sought a direction to the first respondent to dispose of the appeals.

4. In the facts and circumstances of the case, the first respondent is directed to pass appropriate orders on the appeals preferred by the petitioners within a period of three weeks from the date of receipt of a copy of this order. The question as to whether the second respondent has authority to issue the impugned notice or by any other competent authority shall also be considered by the first

respondent. Till then, both the parties are directed to maintain status quo.

The writ petition is disposed of. There will be no order as to costs. Consequently, WMP Nos.26854 and 26855 of 2022 are closed. (T.R., ACJ.) (D.K.K., J.) 14.10.2022 Index : Yes/No kpl To

1. The District Collector Villupuram District.

2. The Block Development Officer (V/P) Kanai Panchayat Union Villupuram District.

T.RAJA, ACJ, and D.KRISHNAKUMAR,J (kpl) W.P.Nos.27592 & 27594 of 2022 14.10.2022