Elamvazhuthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.B. BALAJI and THE HONOURABLE MR. JUSTICE G. ARUL MURUGAN W.P. Nos. 29537, 29541 & 29545 of 2024 and W.M.P. Nos. 32197, 32199 & 32204 of 2024 Elamvazhuthi Petitioner in WP.29537/24 Kannagi Petitioner in WP.29541/24 Meenakshi Petitioner in WP.29545/24 v 1.

The District Collector Cuddalore District 2.

The Tahsildar Chidambaram Respondents in all W.P.s Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to consider the appeals preferred by the petitioners under Section 10 of the Tamil Nadu Land Encroachment Act, on 19.09.2024 and to pass appropriate orders in accordance with law and to forbear the respondents from evicting or dispossessing the petitioners pursuant to the order dated 13.09.2024 of the 2nd respondent in Na.Ka.No.M1/1740/2021 pending consideration of the appeals by the 1st respondent.

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For petitioner Mr. T. Sai Krishnan in all W.Ps.

For respondents Mr. A. Selvendran in all W.Ps.

Special Government Pleader COMMON ORDER (made by P.B. BALAJI, J.) Mr. A. Selvendran, learned Special Government Pleader, accepts notice for the respondents.

2.

Considering the limited prayer sought for in these writ petitions, with the consent of the learned counsel for the parties, these writ petitions are taken up for final disposal at the time of admission itself. 3.

The petitioners seek a writ of mandamus directing the first respondent to consider their appeals dated 19.09.2024 filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, and to pass orders on the same in accordance with law and to forbear the respondents from evicting or dispossessing them, pursuant to the orders dated 13.09.2024 passed by the second respondent. 2/4

4.

Admittedly, the petitioners have preferred statutory appeals under Section 10, ibid., on 19.09.2024 and the same are pending. Therefore, the first respondent is directed to dispose of the petitioners' appeals in accordance with law and after affording an opportunity of hearing to the petitioners, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that in the meanwhile, no coercive steps shall be taken by the respondents. With the above directions, these writ petitions stand disposed of sans costs. Connected W.M.Ps. stand closed.

(P.B.B., J.) (G.A.M., J.) 09.10.2024 Index : Yes/No cad 3/4

P.B. BALAJI, J.

and G. ARUL MURUGAN, J.

cad Common order in W.P. Nos.29537, 29541 & 29545 of 2024 09.10.2024 4/4