T.R.Sahadevan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-10-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE S. SOUNTHAR WP No. 39396 of 2025 AND WMP NO. 44240 OF 2025 T.R.Sahadevan S/o.Late.Ramaswamy, No.5, Baby Nagar, 1st Main Road, Velachery, Chennai-600 042 ..Petitioner Vs
1. The District Collector The Collectorate, Singaravelan Maaligai, Chennai,-600 001.
2. The Tahsildar Sholinganallur Taluk, No.1, Rajiv Gandhi Salai, 1st Cross Street, Sholinganallur, Chennai-600 119
3. The Revenue Inspector Sholinganallur Taluk, Chennai-600 119 ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st respondent to dispose of the Appeal filed by the petitioner on 29.9.2025 in accordance to law within the time stipulated by this Honble court
For Petitioner :
Mr.S.Praveenkanth For Respondents :
Mr.E.Vijay Anand Additional Government Pleader Order (Order of the Court was made by R.Suresh Kumar J.) As against the proceedings issued under Section 6 of the Land Encroachment Act (Act 3 of 1905) by the Revenue authorities, the petitioner has preferred an appeal under Section 10 of the said Act on 29.09.2025 to the first respondent District Collector, where a stay petition also has been filed. The appeal as well as the stay petition are still pending and no orders have been passed. Therefore, the present writ petition has been filed seeking a writ of Mandamus from this Court to give a direction to the appellate authority to dispose of the said appeal on merits.
2. Heard Mr.S.Praveenkanth, learned counsel for the petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader for the respondents.
3. Learned Additional Government Pleader would submit that, the appeal would be disposed of by the first respondent within the time frame stipulated by this Court.
4. Having regard to the said submission, taking into account the innocuous prayer, this Court is inclined to dispose of this writ petition with the following order.
(a) There shall be a direction to the first respondent / District Collector to decide the appeal dated 29.09.2025 by the petitioner against the order passed by the revenue authorities under Section 6 of the Land Encroachment Act and decide the same on merits and in accordance with law after giving an opportunity of being heard to the petitioner within a period of six weeks from the date of receipt of a copy of this order.
(b)Till such time no coercive steps shall be taken pursuant to the Section 6 order passed by the revenue authorities against which appeal is filed and pending before the first respondent / appellate authority.
5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (S.S.,J.) 22-10-2025 Index: Yes/No Speaking/Non-speaking order KST
To
1. The District Collector The Collectorate, Singaranvelan Malagi, Chennai,-600 001.
2. The Tahsildar Sholinganallur Taluk, No.1, Rajiv Gandhi Salai, 1st Cross Street, Sholinganallur, Chennai-600 119
3. The Revenue Inspector Sholinganallur Taluk, Chennai-600 119
R.SURESH KUMAR J.
AND S.SOUNTHAR J.
KST AND WMP NO. 44240 OF 2025 22-10-2025