T. Senbagam v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.No.47482 of 2025 T.Senbagam ... Petitioner -Vs1. The State, Represented by the Secretary to Government, Revenue Department Secretariat, Chennai - 600 009.

2. The District Collector, Dharmapuri District, Dharmapuri - 636 705.

3. The Revenue Tahsildar, Harur Taluk, Dharmapuri District.

...

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the first respondent to grant an order of stay pending disposal of the revision petition dated 24.10.2025 filed under Section 10(A)(1)(c) of the Tamil Nadu Land Encroachment Act, 1905 1/6

against the order dated 08.10.2025 made in Na.Ka.No.31393/2024/Tha3, passed by the second respondent in respect of the property measuring 0.01.50 Hectares in S.F.No.132/1, Achalvadi Village, Harur Taluk, Dharmapuri District. For Petitioner :

Mr.N.Manokaran For Respondents :

Ms.M.Jayanthy Additional Government Pleader

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a writ of mandamus to direct the first respondent to grant an order of stay pending disposal of the revision petition dated 24.10.2025 filed under Section 10(A)(1)(c) of the Tamil Nadu Land Encroachment Act, 1905 against the order dated 08.10.2025 made in Na.Ka.No.31393/2024/Tha3, passed by the second respondent in respect of the property measuring an extent of 0.01.50 Hectares in S.F.No.132/1, Achalvadi Village, Harur Taluk, Dharmapuri District.

2. The petitioner filed a revision under Section 10(A)(1)(c) of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) against the order dated 08.10.2025 made in Na.Ka.No.31393/2024/Tha3 passed by the second respondent / District Collector in respect of the property at S.F.No.132/1, situated at Achalvadi Village, Harur Taluk, Dharmapuri District. 2/6

In order to dispose the said revision petition dated 24.10.2025 which is pending before the first respondent seeking a direction by way of mandamus, the present writ petition has been moved.

3. Heard Mr.N.Manokaran, learned counsel appearing for the petitioner who has stated that, if a direction is given to that effect, the petitioner would be satisfied.

4. Heard Ms.M.Jayanthy, learned Additional Government Pleader appearing for the respondents who would submit that the first respondent would consider the said revision petition and decide the same of course after giving an opportunity of being heard to the petitioner as well as the revenue authorities within a time frame that may be stipulated by this Court.

5. Having regard to the fats and circumstances of the case especially the stand taken by the learned Additional Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following orders:

(i) that there shall be a direction to the first respondent / Secretary to Government to decide the revision petition dated 3/6

24.10.2025 filed under Section 10(A)(1)(c) of the Act by the petitioner as against the order passed by the second respondent / District Collector dated 08.10.2025 of course after giving an opportunity of being heard to the petitioner as well as the Revenue Department and pass orders thereon on merits and in accordance with law within a period of thirty days from the date of receipt of a copy of this order.

(ii) It is made clear that, if the first respondent finds any difficulty to dispose the revision petition, the stay petition filed along with revision petition at least can be given a disposal within a period of thirty days from the date of receipt of a copy of this order.

(iii) Till the disposal of the appeal and the stay petition as the case may be as directed above, no coercive steps to remove such encroachment be made by the authorities concerned.

6. With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(R.S.K., J.) (H.C., J.) 10.11.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 4/6

To

1. The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The District Collector, Dharmapuri District, Dharmapuri - 636 705.

3. The Revenue Tahsildar, Harur Taluk, Dharmapuri District.

5/6

R.SURESH KUMAR, J.

and HEMANT CHANDANGOUDAR, J.

vji and W.M.P.No.47482 of 2025 10.11.2025 6/6