Bethasdha Perinba Jeevanathi v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2019

CORAM:

THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.31871 of 2019 and W.M.P.Nos.32111 & 32115 of 2019 Bethasdha Perinba Jeevanathi Thirusabai Trust by its Chairman and Founder, M.Karunanidhi No.5/145A, Thiruvalluvar Nagar, Parasalur Post, Tharangambadi Taluk, Nagapattinam District ..Petitioner vs.

1. The Government of Tamilnadu, rep. by its Secretary, Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Nagapattinam District.

3. The District Revenue Officer,

4. The Revenue Tahsildar, Office of the Tahsildar, Tharangambadi, Nagapattinam District.

5. Hitler

6. Veeraiyan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Certiorarified Mandamus, calling for the records of the Revenue Tahsildar, Tharangambadi, Myladuthurai, the 4th respondent herein culminating in Section 6 notice issued under the Tamilnadu Land Encroachment Act, 1905 dated 04.10.2019 and quash the same and further direction to the Page No.1 of 3

2nd and 4th respondents to restore the land and other belonging of the petitioner taken by the 4th respondent on 18.10.2019 forthwith to the petitioner.

For Petitioner : Mr.K.Balakrishnan For R.1 to R.4 :

Mr.P.S.Shivashanmughasundaram Special Govt. Pleader For R.5 & R.6 : No appearance

O R D E R

(Order of the Court made by M.M.SUNDRESH,J.) As against the eviction order issued under Section 6 of the Tamilnadu Land Encroachment Act, 1905, invoking Section 10 of the said Act, an appeal has been filed by the petitioner on 01.11.2019 before the 2nd respondent, the District Collector,

2. Taking note of the above submission made by the learned counsel appearing for the petitioner, we call upon the 2nd respondent to dispose of the appeal, pending representation, within a period of eight weeks from the date of receipt of a copy of this order.

3. In as much as the learned Special Government Pleader, on instruction given by the officer who is present, submitted that the encroachment has already been removed, we are inclined to pass an order of status quo as on today to be maintained with respect to further usage of the land, till the disposal of the appeal.

4. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Page No.2 of 3

To

1. The Secretary, Government of Tamilnadu, Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Nagapattinam District.

3. The District Revenue Officer,

4. The Revenue Tahsildar, Office of the Tahsildar, Tharangambadi, Nagapattinam District.

+1 cc to M/s.K.Balakrishnan,Advocate Sr.No. 98827 +1 cc to The Government Pleader Sr.No. 98951 AKM/09.01.2020/3P-7 C / W.P.No.31871 of 2019 Page No.3 of 3