Periyasamy (Viruman) Kovil v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN W.P.No. 32756 of 2019 and W.M.P.No. 33181 of 2019 Periyasamy (Viruman) Kovil Through its Secretary, Devendra Street, Karumapuram, Tiruchengode Taluk, Namakkal District - 637 302.

... Petitioner -vs1.The District Collector Namakkal District, Namakkal District.

2.The Revenue Divisional Officer, Tiruchengodu Taluk, Namakkal District.

3.The Tahsildar, Tiruchengode Taluk, Namakkal District.

4.The Revenue Inspector, Tiruchengode Taluk, Namakkal.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct enquiry on the objections of the petitioner dated 13.09.2019 and 31.10.2019 within time frame fixed by this Court besides forbearing the respondents, particularly the third respondent and his subordinates from evicting the petitioner from the temple premises in Survey No.488/7 measuring about 0.039.0 sq.m. in Tiruchengode Taluk, Namakkal District. For Petitioner ..

Mr.E.Mohamed Abbas For Respondents ..

Mr.P.S.Sivashanmugha Sundaram, Spl. Govt. Pleader for R1 to R4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Mr.P.S.Sivashanmugha Sundaram, learned Special Government Pleader takes notice for the respondents.

2.The petitioner has been issued with eviction notice under Section 6 of the Land Encroachment Act. Thereafter, the petitioner has filed his objections followed by legal notice. Seeking further enquiry on the same, the present writ petition has been filed.

3.We are not inclined to entertain this writ petition as the remedy open to the petitioner is to file an appeal before the first respondent. In such view of the matter, the writ petition stands disposed of, giving liberty to the petitioner to file an appeal before the first respondent within a period of four weeks from the date of receipt of a copy of this order. Till such time, status quo as on today shall be maintained. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mmi/ssm To 1.The District Collector Namakkal District, Namakkal District.

2.The Revenue Divisional Officer, Tiruchengodu Taluk, Namakkal District.

3.The Tahsildar, Tiruchengode Taluk, Namakkal District.

4.The Revenue Inspector, Tiruchengode Taluk, Namakkal.

+1 CC to Govt. Pleader sr 98015.

W.P.No. 32756 of 2019 KK(CO) SP(21/01/2020) https://hcservices.ecourts.gov.in/hcservices/