T.Kumaraguru 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 AND W.M.P. No. 32724 of 2024 T.Kumaraguru @ Sri Siva Kumaragurubara Velmurugan Petitioner v The District Collector Villupuram The District Revenue Officer Villupuram The Revenue Divisional Officer Villupuram The Revenue Tahsildar Villupuram Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to consider the appeal preferred by the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act on 27.09.2024 and to pass appropriate orders in accordance 1/4

with law and to forbear the respondents from evicting or dispossessing the petitioner pursuant to the notice dated 18.09.2024 of the 4th respondent pending consideration of the appeal by the 1st respondent. For petitioner Mr. R. Saravanan For respondents Mr. R.U. Dinesh Raj Kumar Additional Government Pleader

ORDER

(made by P.B. BALAJI, J.) Mr. R.U. Dinesh Raj Kumar, learned Additional Government Pleader, accepts notice for the respondents.

2.

Considering the limited prayer sought for in this writ petition, with the consent of the learned counsel for the parties, this writ petition is taken up for final disposal at the time of admission itself.

3.

The petitioner seeks a writ of mandamus directing the first respondent to consider his appeal dated 27.09.2024 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 him, pursuant to 2/4

the order dated 18.09.2024 passed by the fourth respondent. 4.

Admittedly, the petitioner has preferred a statutory appeal under Section 10, ibid., on 27.09.2024 before the first respondent and the same is pending. Therefore, the first respondent is directed to dispose of the petitioner's appeal in accordance with law and after affording an opportunity of hearing to the petitioner, 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, this writ petition stands disposed of sans costs. Connected W.M.P. stands 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 To The District Collector Villupuram The District Revenue Officer Villupuram The Revenue Divisional Officer Villupuram The Revenue Tahsildar Villupuram 09.10.2024 4/4