V.Vijiya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR V.Vijaya W/o.Velu ... Petitioner Vs.
1.
The District Collector O/o. District Collector Chengalpattu District.
2.
The Thasildhar O/o. Thambaram Thasildhar Chengalpattu District.
3.
The Revenue Inspector Perungalathur Revenue Village Tambaram Taluk Chengalpattu District.
... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents or his gents, Page Nos.1/7
men's not to take any coercive steps as per the notice dated 04.09.2024 issued by the 2nd respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 until disposal of the appeal dated 28.08.2024 pending before the 1st respondent.
For Petitioner :
Mr.P.Muthamizh Selvakumar For Respondents :
Mr.T.K.Saravanan Government Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to proceedings under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}.
2. Mr.P.Muthamizh Selvakumar, learned counsel expresses regret for missing the matter yesterday (to be noted, captioned WP is listed under the cause list caption 'FOR DISMISSAL').
Page Nos.2/7
3. Learned counsel submits that a stay petition under Section 10-B of said 1905 Act is pending with R1 and he is under the pain of removal.
4. Issue notice to respondents.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents.
6. Learned State Counsel points out that even according to stay petition placed before this Court, the same is directed against a notice under Section 7 of said 1905 Act which is a 'Show Cause Notice' {'SCN'} whereas the appeal itself is maintainable only against an order under Section 6 of said 1905 Act. To be noted, a scanned reproduction of the stay petition as placed before us is as follows:
Page Nos.3/7
Page Nos.4/7
7. It is not clear as to whether the appeal has been filed against an order under Section 6 of said 1905 Act or against SCN under Section 7 of said 1905 Act.
8. However, learned State Counsel points out that the stay petition will be disposed of on its own merits and in accordance with law within one week from today and further action will be subject to / depending on outcome of the stay petition.
9. Owing to fair submission made by learned State Counsel (to be noted, learned State Counsel submits that the stay petition will be disposed of within one week i.e., on or before 17.12.2024), we deem it appropriate to dispose of the captioned WP recording the stated position of learned State Counsel. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 10.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.5/7
To 1.
The District Collector O/o. District Collector Chengalpattu District.
2.
The Thasildhar O/o. Thambaram Thasildhar Chengalpattu District.
3.
The Revenue Inspector Perungalathur Revenue Village Tambaram Taluk Chengalpattu District.
Page Nos.6/7
M.SUNDAR, J., and K.RAJASEKAR, J., mk 10.12.2024 Page Nos.7/7