Madras High CourtWP(MD)/1445/2021disposed of

Sundararaj.P v. The District Collector

2021-02-01Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.1445 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.1445 of 2021 and W.M.P(MD) No.1236 of 2021 (Through Video Conferencing) P.Sundararaj : Petitioner Vs.

1.The District Collector Dindigul District.

2.The Tahsildar Dindigul (East),Dindigul.

3.The Block Development Officer (VP) Panchayat Union, Dindigul.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the 1st respondent to consider the appeal filed by the petitioner under Sec. 10 read with Section 6(2) of Tamil Nadu Land Encroachment Act, 1905 as against the eviction order passed by the 2nd respondent dated 07.01.2021 and consequentially direct the respondents not to evict the petitioner pending consideration of the appeal. For Petitioner : Mr.S.Vinod Sathya Lazar, Advocate For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the order of eviction passed by the respondent No.2, the petitioner filed an appeal to the respondent No.1 invoking Section 10 of the Tamil Nadu Land Encroachment Act, 1905, and seeking disposal of the same, the present writ petition has been filed.

2.Taking into consideration the pendency of the appeal filed by the petitioner dated 15.01.2021, we direct the respondent No.1 to pass appropriate orders on the same within a period of six weeks https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1445 of 2021 from the date of receipt of a copy of this order, provided the same is pending consideration. Till such time, status quo as on today shall be maintained. Accordingly, the writ petition is disposed of. No costs. Consequently connected Miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector Dindigul District.

2.The Tahsildar Dindigul (East),Dindigul.

3.The Block Development Officer (VP) Panchayat Union, Dindigul.

+1 CC to M/s.GP ( SR-2893[F] dated 02/02/2021 ) +1 CC to M/s.VINOD SATHYA LAZAR, Advocate ( SR-2998[F] dated 03/02/2021 ) Order made in W.P.(MD)No.1445 of 2021 Dated: 01.02.2021 RR TK/SAR/10.02.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2