E.Govindarajan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P. Nos.39886 and 39887 of 2024 in W.P.No.36943 of 2024 1.E.Govindarajan 2.G.Poornima ... Petitioners vs 1.The District Collector, Chengalpattu District, Chengalpattu.
2.The Revenue Divisional Officer, Tambaram.
3.The Tahsildar, Vandalur.
4.Vanitha ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to forbear the second respondent from taking any coercive action on the petitioners' dwelling house situated at No.10, Thiruveethi Amman Koil Street, Page Nos.1/9
Krishnapuram, Nandhivaram Village, Guduvancherry, Vandalur Taluk till the final order passed by the first respondent on the appeal filed by the petitioners dated 22.10.2024 and consequently direct the first respondent to conduct enquiry and pass orders on the appeal filed by the petitioners dated 22.10.2024.
For Petitioners :
Mr.R.Sankarasubbu For Respondents :
Mr.T.K.Saravanan, Government Advocate
ORDER
[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.R.Sankarasubbu, learned counsel on record for writ petitioners is before this Court. Learned counsel submits that appeal under Section 10 of said 1905 Act has been preferred along with stay petition under Section 10-B of said 1905 Act. Learned counsel Page Nos.2/9
submits that the appeal and stay petition are pending with R1 (District Collector, Chengalpattu District) who is the appellate authority. Pending appeal and stay petition, the alleged encroachment is sought to be removed and writ petitioners are under pain of dispossession is learned counsel's say.
3. Issue notice to official respondents.
4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R3.
5. Mr.T.K.Saravanan, learned State counsel submits that the stay petition which has been filed along with appeal dated 22.10.2024 will be disposed of by R1 within a fortnight from today i.e., on or before 25.12.2024. This makes the task of disposal of the captioned WP simple. R4 is a private respondent and we make it clear that all the rights and contentions of R4 are preserved as regards disposal of stay petition and obviously as regards the appeal also. As rights and contentions of R4 (private respondent) are preserved, main WP is taken up with the consent of learned counsel on both Page Nos.3/9
sides in the Admission Board.
6. Captioned WP is disposed of recording the stated position of learned State counsel i.e., the submission that stay petition dated 22.10.2024 (received by R1/Appellate Authority on 23.10.2024) will be disposed of within a fortnight and we make it clear that further action in the subject matter will be subject to / depending on outcome of stay petition. It is open to R1 to take up the main appeal also and dispose it of. We do not express any opinion on this as this is subject to the official business of R1.
7. For the sake of specificity, we deem it appropriate to scan and reproduce the appeal together with the stay prayer as placed before us and the same is as follows:
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8. Captioned WP is disposed of in the aforesaid manner. Consequently, captioned two Writ Miscellaneous Petitions (WMPs) thereat are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 11.12.2024 Index : Yes / No mmi To 1.The District Collector, Chengalpattu District, Chengalpattu.
2.The Revenue Divisional Officer, Tambaram.
3.The Tahsildar, Vandalur.
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M.SUNDAR, J., and K.RAJASEKAR, J., mmi 11.12.2024 Page Nos.9/9