K.Pari v. State Of Tamil Nadu

THE HIGH COURT OF JUD ICATURE AT MADRAS DATED: 26.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and WMP.No.30706 of 2023 1.K.Pari 2.Kavitha Pari 3.Yogin Pari 4.Campus K School, Rep. by its Chairman K.Pari, TNHB Main Road, Sholinganallur, Chennai - 600 119.

...Petitioners

Vs.

1.State of Tamil Nadu, Rep. By its Principal Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Chennai District, 4th Floor, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai - 600 001.

3.The Revenue Officer, Sholinganallur Taluk, Sholinganallur, Chennai - 600 119.

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4.The Village Administrative Officer, No.13, Sholiganallur - I Village, Sholinganallur Circle, Chennai - 600 119.

5.The Tahsildhar, Sholinganallur Circle, Chennai - 600 119.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Certiorarified Mandamus, calling for the records of the 5th respondent pertaining to the impugned Order dated 19.10.2023 and quash the same and consequently forbear the respondents 1 to 5 from in any way interfering with the petitioners peaceful possession and enjoyment of the property comprised in S.No.287, Sholinganallur Village Taluk, Kanchipuram District, admeasuring 46 cents till the petitioner representation dated 18.02.2023 is considered and disposed of by the respondents 1 and 2.

For Petitioners : Mr.Richardson Wilson For Respondents : Mr.A.Selvendran Special Government Pleader 2/5

O R D E R

(Order of the Court was made by V.LAKSHMINARAYANAN, J. ) This Writ Petition is filed challenging the order dated 19.10.2023 passed by the 5th respondent / Tahsildhar, Sholinganallur Circle, Chennai. 2.As against the impugned order dated 19.10.2023, an appeal lies before the District Collector. Therefore, we are not inclined to interfere with the impugned order. The petitioner is granted liberty to file an appeal before the District Collector under Section 10(1) of the Land Encroachment Act. Status-quo shall be maintained for a period of one week i.e., till 03.11.2023. It is open to the petitioner to move the District Collector for any interim order, thereafter.

3.With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (D.B.C.,J.) (V.L.N., J.) 26.10.2023 mkn/kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking Nuetral Citation :Yes/No 3/5

To:- 1.The Principal Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Chennai District, 4th Floor, M.Singaravelar Maligai, 62, Rajaji Salai, Chennai - 600 001.

3.The Revenue Officer, Sholinganallur Taluk, Sholinganallur, Chennai - 600 119.

4.The Village Administrative Officer, No.13, Sholiganallur - I Village, Sholinganallur Circle, Chennai - 600 119.

5.The Tahsildhar, Sholinganallur Circle, Chennai - 600 119.

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D.BHARATHA CHAKRAVARTHY, J.

and V.LAKSHMINARAYANAN, J.

MKN/KKN and WMP.No.30706 of 2023 26.10.2023 5/5