Madras High CourtWP(MD)/710/2024disposed of

M.Rajeshwari v. The District Collector

2024-01-11Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.710 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.710 of 2024 AND W.M.P.(MD)No.708 of 2024

1. M.Rajeshwari

2. T.Sanker

3. K.Ramar

4. D.Muruganantham

5. Dhanapalan ... Petitioners Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Ramanathapuram.

3. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

4. Jeganathan 1/4

2 W.P.(MD)NO.710 OF 2024

5. Ms.Throwpathi Amman Temple, Rep. by its Trustee / authorised person, Throwpathi Amman Kovil Street, Vellipattinam, Ramanathapuram District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from evicting the petitioners from the house situated in T.S.No.96 at Ward D Block 4, Ramanathapuram Town, Ramanathapuram District by considering the representation dated 30.12.2023. For Petitioners : Mr.K.Navaneetharaja For R-1 to R-3 : Mr.K.Balasubramani, Special Government Pleader.

* * *

O R D E R

Heard both sides.

2. The petitioners had suffered an adverse order under Section 6 of the Tamil Nadu Land Encroachment Act. They had filed an appeal before the District Collector under Section 10 of the Act .

3. The District collector who is an appellate authority is directed to dispose of the appeal filed by the petitioners on merits and in 2/4

3 W.P.(MD)NO.710 OF 2024 accordance with law within a period of two months from the date of receipt of a copy of this order. Till the appeal is disposed of, the petitioners shall not be dispossessed. This writ petition stands disposed of.

4. We make it clear that we have not gone into the merits of the matter. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 11th January 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Ramanathapuram.

3. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District. 3/4

4 W.P.(MD)NO.710 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.710 of 2024 11.01.2024 4/4