V.Siva Prakash v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023 CORAM :

THE HON'BLE MR.JUSTICE R.MAHADEVAN AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ V.Siva Prakash ..

Petitioner Vs.

1. The District Collector Erode District.

2. The Tahsildar Anthiyur Taluk Anthiyur.

3. K.K.Seerangan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1st respondent to dispose the appeal dated 16.09.2023 filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 within the time stipulated by this Hon'ble Court.

For the Petitioner : Ms.N.Mohanapriya For Mr.E.P.Senniyangiri For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 & 2

ORDER

(Made by R.Mahadevan,J) We have heard Ms.N.Mohanapriya, learned counsel for Mr.E.P.Senniyangiri, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 and 2.

2. The petitioner has filed an appeal dated 16.09.2023 under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, questioning the order passed under Section 6 of the Act and the same is said to be pending.

3. In the light of that, without expressing any opinion on the merits of the case, we direct the appellate authority to consider the appeal of the petitioner dated 16.09.2023 and pass appropriate

orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

4. The writ petition is disposed of. There will be no order as to costs.

(R.M.D., J.) (M.S.Q., J.) 27.11.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Erode District.

2. The Tahsildar Anthiyur Taluk Anthiyur.

R.MAHADEVAN,J, and MOHAMMED SHAFFIQ, J.

(kpl) 27.11.2023