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Madras High CourtWP/36235/2023disposed of

Samsathbee v. The Districtd Collector

2023-12-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Samsathbee : Petitioner versus 1.The District Collector, Dharmapuri District 2.The District Revenue Officer, Dharmapuri District 3.The Revenue Divisional Officer, Harur, Dharmapuri District 4.The Tahsildar, Harur Taluk, Dharmapuri District 5.The Revenue Inspector, Harur, Dharmapuri District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records of the 4th respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 dated 12.12.2023 and to quash the same.

For the Petitioner :

Mr.Paramasivadoss for Mr.J.Pradeep

For the Respondents :

Mr.P.Muthukumar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Paramasivadoss, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, appearing for the respondents.

2. The petitioner is challenging the order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

3. The learned counsel for the petitioner submits that the petitioner has preferred an appeal before the District Collector under Section 10 of the Act of 1905. However, now the Tahsildar has directed eviction.

4. The petitioner shall file an application for stay in the appeal filed by him within three days from today. In case such an application is filed, the District Collector shall decide the application for stay,

expeditiously, within fifteen days from the date of application. For a period of fifteen days from today, status quo as on date with regard to the writ property be maintained. However, thereafter, the parties would be governed by the orders passed by the District Collector.

5. The writ petition is disposed of. There shall be no order as to costs. Consequently, WMP No.36226 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 22.12.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Dharmapuri District 2.The District Revenue Officer, Dharmapuri District 3.The R.D.O., Harur, Dharmapuri District 4.The Tahsildar, Harur Taluk, Dharmapuri District 5.The Revenue Inspector, Harur, Dharmapuri District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 22.12.2023