Madras High CourtWP(MD)/2749/2020disposed of

Thiagarajan v. The District Collector

2020-02-13Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P(MD)No.2343 of 2020 Thiagarajan ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

4.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose of the stay petition dated 29.01.2020 under Section 10(B) of the Tamil Nadu Land Encroachment Act, 1905 filed along with the Appeal filed by the petitioner challenging the order of the fourth respondent in Aa1/2522/2019 dated 24.12.2019 within a time frame. For Petitioner : Mr.R.Subramanian For Respondents : Mr.VR.Shanmuganathan, Special Government Pleader.

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ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the first respondent to dispose of the stay petition dated 29.01.2020 filed under Section 10(B) of the Tamil Nadu Land Encroachment Act, 1905 along with the Appeal filed by the petitioner, challenging the order of the fourth respondent dated 24.12.2019 within a time frame.

2.Mr.VR.Shanmuganathan, learned Special Government Pleader taking notice for the respondents submitted that the first respondent may be directed to dispose of the stay petition within a period of two weeks and the main appeal within a period of eight weeks.

3.Having regard to the submissions made by the learned counsel appearing on either side and taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, we direct the first respondent to dispose of the stay petition dated 29.01.2020 filed under Section 10(B) of the Tamil Nadu Land Encroachment Act, 1905 within a period of two weeks from the date of receipt of a copy of this order and we further direct the first respondent to dispose of the appeal filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 within a period of eight weeks thereafter. 4.With these observations, the Writ Petition is disposed of. No costs. consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ps To 1.The District Collector, 2/3

2.The District Revenue Officer, 3.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

4.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-6347[F] dated 14/02/2020 ) +1 CC to M/s.SPL.GP ( SR-6325[F] dated 14/02/2020 ) 13.02.2020 JMN(24.02.2020) 3P : 7C 3/3