Aadhi Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Aadhi Lakshmi .. Petitioner

Versus

1. The District Collector, Chengalpet District, Chengalpet.

2. The Revenue Divisional Officer, Madhurantagam, Chengalpet District.

3. The Tahsildar, Cheyyur Taluk, Chengalpet District.

4. The Block Development Officer, Lathur Block, Pavunjur, Chengalpet District.

5. Sadaiyandi .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 1 to 4 to remove the 1/5

encroachment from the land comprised in Survey No.441/1 to the extent of 1.44 acres "Mayanam Land" situated at Adayalacherry village within time fixed by this Court.

For Petitioner : No Appearance For Respondents : Mr.K.Karthik Jegannath, Government Advocate for RR-1 to 4 : Mr.D.Murthy, for R5

ORDER

(Order of the Court is made by the Hon'ble Chief Justice) There is no representation on behalf of the petitioner. Heard Mr.K.Karthik Jegannath, learned Government Advocate for the respondent Nos.1 to 4 and Mr.D.Murthy, learned Counsel for the fifth respondent.

2. The contention of the fifth respondent is that the fifth respondent has filed an appeal against the eviction notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 in the year 2022.

3. We do not find any order of stay in force in the appeal filed by the fifth respondent in the year 2022.

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4. The fifth respondent shall appear before the appellate authority on 08.04.2024 and put-forth his case. The District Collector, Chengalpattu District, before whom the appeal is pending, shall decide the said appeal within eight weeks from the date of appearance of the fifth respondent. If the fifth respondent does not appear on 08.04.2024, the District Collector shall proceed ahead.

5. Depending upon the decision taken by the appellate authority, the officials may proceed ahead with regard to the alleged encroachment.

6. This Writ Petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 01.04.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Collector, Chengalpet District, Chengalpet.

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2. The Revenue Divisional Officer, Madhurantagam, Chengalpet District.

3. The Tahsildar, Cheyyur Taluk, Chengalpet District.

4. The Block Development Officer, Lathur Block, Pavunjur, Chengalpet District.

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THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

grs 01.04.2024 5/5