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Madras High CourtWP/30263/2022disposed of

Jayakodi v. The District Collector

2022-11-15Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Jayakodi ...

Petitioner Vs 1.The District Collector Salem District.

2.The Tahsildar Salem South Taluk Maniyanoor Salem South Taluk Salem District.

3.The Zonal Deputy Tahsildar Salem South Taluk Maniyanoor Salem District.

4.The Revenue Inspector Kondalampatty Firka Salem South Taluk, Kondalampatty Salem District.

5.The Village Administrative Officer Amani Kondalampatty Village Salem South Taluk, Salem District.

...

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents herein to dispose of the appeal dated 09.09.2022 filed by the petitioner and consequently direct the 2nd respondent to grant patta in her favour regard to the property in S.No.81/1 to an extent of 0.08.0 hectare in Amani Kondalampatty Village Salem South Salem District within a time frame.

For the Petitioner :: Mr.K.A.Vimalkumar For the Respondents :: Mr.P.Muthukumar, State Government Pleader

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has come forward with this writ petition seeking for a Writ of Mandamus directing the respondents herein to dispose of the appeal dated 09.09.2022 filed by the petitioner and consequently direct the second respondent to grant patta in her favour with regard to the property in S.No.81/1 to an extent of 0.08.0 hectare in Amani Kondalampatty Village, Salem South, Salem District.

2. Learned counsel for the petitioner submits that the petitioner was issued with notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, followed by notice issued under Section 6 of

the Act. Aggrieved thereby, she has filed an appeal, dated 09.09.2022, before the District Collector, Salem District and the same is still pending. The learned counsel submits that the District Collector may be directed to dispose of the appeal at an early date.

3. Learned State Government Pleader submits that the encroachment made by the petitioner has already been removed. He also submitted that the appeal would be disposed of within a a period of two weeks.

4. In the result, the writ petition is disposed of directing the District Collector, Salem District to dispose of the appeal preferred by the petitioner, dated 09.09.2022, within a period of two weeks from the date of receipt of a copy of this order, on merits and in accordance with law. No costs.

(T.R., ACJ.) (D.K.K., J.) 15.11.2022 Index: Yes/No tar

To 1.The District Collector Salem District.

2.The Tahsildar Salem South Taluk Maniyanoor Salem South Taluk Salem District.

3.The Zonal Deputy Tahsildar Salem South Taluk Maniyanoor Salem District.

4.The Revenue Inspector Kondalampatty Firka Salem South Taluk, Kondalampatty Salem District.

5.The Village Administrative Officer Amani Kondalampatty Village Salem South Taluk, Salem District.

T.RAJA, ACJ, and D.KRISHNAKUMAR, J.

(tar) 15.11.2022